Republic v Munene [2024] KEHC 16367 (KLR)

Republic v Munene (Criminal Case E005 of 2023) [2024] KEHC 16367 (KLR) (20 December 2024) (Judgment)

Neutral citation: [2024] KEHC 16367 (KLR)

Republic of Kenya

In the High Court at Kerugoya

Criminal Case E005 of 2023

RM Mwongo, J

December 20, 2024

Between

Republic

Prosecutor

and

Millicent Wangui Munene

Accused

Judgment

1. By a judgment delivered on 28th November, 2024 in this matter the court stated in Paragraph 18 and 21 as follows:“18 Time spent in prison: The Court has also taken into account the time spent in prison by the accused, being 7 months between 29th February, 2023 and 4th October 2024. ”“21 Accordingly, I sentence the accused to five (5) years imprisonment to take into account any period already spent in custody. The last two (2) years of her imprisonment shall, after remission, be non-custodial and served under probation in community service at a place and in a programme to be designed by the Probation Officer. Such programme shall include counselling on anger management, self-control and on the dangers of alcoholism.”

2. The said paragraphs contained wrong or erroneous calculations of date and times.

3. Upon noting the errors, the Court hereby makes corrections under the “Slip Rule”.

4. The two paragraphs should, and are hereby declared to read as follows:“18Time spent in prison: The Court has also taken into account the time spent in prison by the accused, being 20 months and 20 days between 15th March, 2023 and 28th November 2024.

21Accordingly, I sentence the accused to five (5) years imprisonment to take into account any period already spent in custody. The remaining term of her sentence shall after remission, be non-custodial and served under probation in community service at a place and in a programme to be designed by the Probation Officer. Such programme shall include counselling on anger management, self-control and on the dangers of alcoholism.”

5. Orders accordingly.

DATED AT KERUGOYA THIS 20THDAY OF DECEMBER, 2024______________R. MWONGOJUDGEDelivered in the presence of:Before: Hon. Justice R. MwongoCourt Assistant: Mr. MurageState Counsel: Mr. MambaAccused: Present in CourtDefence Counsel: Ms. Ndungu holding brief for Makworo