1. The applicant has filed, an undated application seeking for review of his sentence pursuant to the provision of Section 333 (2) of the Criminal Procedure Code which requires the court when sentencing an accused who has been in custody during the trial to take in account the period spent in such custody.
2. I have perused the court file and noted that the applicant was arraigned in court on the 5 th January 2021 and was in custody up to 15 th march 2021 when he was released on bond. He was thereafter sentenced to 8 years imprisonment for the offence of murder.
3. The court was more than lenient with the Applicant when it sentenced him to 8 years imprisonment for the offence of murder. The sentence put into account all the circumstances of the case and the mitigatory factors that included any period spent in custody. I therefore decline to interfere with the sentence and dismiss the application.
In the presence of:
Mr. Oluoch for Respondent
Applicant: Present virtually at GK Prison Malindi Prison
Court Assistant – Ms. Rahma
2. I have perused the court file and noted that the applicant was arraigned in court on the 5 th January 2021 and was in custody up to 15 th march 2021 when he was released on bond. He was thereafter sentenced to 8 years imprisonment for the offence of murder.
3. The court was more than lenient with the Applicant when it sentenced him to 8 years imprisonment for the offence of murder. The sentence put into account all the circumstances of the case and the mitigatory factors that included any period spent in custody. I therefore decline to interfere with the sentence and dismiss the application.
In the presence of:
Mr. Oluoch for Respondent
Applicant: Present virtually at GK Prison Malindi Prison
Court Assistant – Ms. Rahma