Wanyoike v Republic [2023] KEHC 23619 (KLR)

Wanyoike v Republic (Criminal Revision E218 of 2023) [2023] KEHC 23619 (KLR) (11 October 2023) (Ruling)

Neutral citation: [2023] KEHC 23619 (KLR)

Republic of Kenya

In the High Court at Naivasha

Criminal Revision E218 of 2023

GL Nzioka, J

October 11, 2023

Between

Peter Kimondo Wanyoike

Applicant

and

Republic

Respondent

Ruling

1. The applicant is applying for review of sentence on the ground that, the period he spent in custody be considered in the sentence meted against him.

2. The applicant was arrested and charged with the offence of dealing in carcass or meat of any wildlife species contrary to section 98(1) of the Wildlife Conservation and Management Act 2013, in count one and killing a wildlife species without a permit or other lawful exemption, contrary to section 95(a) of the Wildlife Conservation and Management Act (as amended in 2019)

3. He pleaded guilty to both counts and was convicted and sentence to serve three (3) years imprisonment on count 1 and pay a fine of Kshs 50,000 id to serve 12 months imprisonment.

4. As aforesaid, he avers that the provisions of section 333(2) of the Criminal Procedure Code were not considered in the aforesaid sentence. However, I note from the record that the trial court indicated clearly that, the “time spent in custody i.e. to be considered in computation of the sentence”. Therefore the application herein has no merit.

5. However, for clarity, the applicant’s sentence shall run from May 19, 2022 when he was arraigned in court. But the period of May 19, 2022 to July 26, 2023 when he was sentenced shall not attract any remission as he was not serving the sentence. Otherwise the application fails.

6. It is so ordered

DATED, DELIVERED AND SIGNED ON THIS 11TH DAY OF OCTOBER 2023. GRACE L. NZIOKAJUDGEIn the presence of:-Applicant present virtuallyMr. Ndiema for the respondentMs Ogutu court assistant