Wambugu v Republic [2023] KEHC 25068 (KLR)

Wambugu v Republic (Constitutional Petition E034 of 2022) [2023] KEHC 25068 (KLR) (6 November 2023) (Ruling)

Neutral citation: [2023] KEHC 25068 (KLR)

Republic of Kenya

In the High Court at Kerugoya

Constitutional Petition E034 of 2022

RM Mwongo, J

November 6, 2023

Between

John Njiru Wambugu

Petitioner

and

Republic

Respondent

Ruling

1. The lower court file in this matter has now been placed before this court as directed

2. I do not find it necessary to proceed with a hearing of the petitioner’s Application for review in his presence.

3. The petitioner seeks that his ten (10) years sentence by the Lower Court be reviewed taking into account section 333(2) Criminal Procedure Codeso that the period of his remand custody is taken into account.

5. Applicant was sentenced to 10 years on 24. 11. 2017.

6. He has served 8 months and 2 days in remand custody.

7. Accordingly, the offender’s sentence is hereby reviewed so that the sentence term of (10) years shall be deemed to include the 8 months and 2 days spent in remand custody.

8. Orders accordingly.

9. This file is closed.

R. MWONGO, JUDGE06. 11. 2023