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Before me is the NOTICE OF MOTION which is not dated in which the applicant is seeking the revision of his sentence under s. 333(2) of the Criminal Procedure Code on the grounds :
1. THAT, he is currently held at Machakos Main Prison serving a concurrent 20 Year''s custodial term for the offence(s) of Defilement c/s 8(1) and Section 8(2) of the S.O Act No. 3 of 2006.
2. THAT, the Trial magistrate erred in law and fact by not considering the period he spent in remand custody as per section 333(2) of the criminal procedure code before my conviction on 15th February 2019.
3. THAT, he had been in remand custody for 1 Year 9 Months 9 days, period which he seeks that this Honorable court factors it in his sentence.
4. THAT, he was arrested on 5th May 2017 and had been under prison custody where for 1 Year 9 Months 9 days in remand custody up to the date of his conviction on 15th February 2019.
In the SUPPORTING AFFIDAVIT he reiterates the grounds for the application
I have carefully considered the application. The applicant upon conviction and sentence file HCCRA 52 of 2019. In that matter the stated
"A lfred Kioko Mutisya the Appellant was charged with two counts of defilement contrary to section 8/1) as read with section 8(2) of the Sexual Offences Act No. 3 of 2006. The particulars in count I were that the Appellant on diverse dates between 2nd day of May 2017 at Kiu village in Makindu location within Makueni county intentionally an unlawfully caused his male genital organ namely penis to penetrate the anus of D.M a child aged 11 years.
The particulars in count II were that the Appellant on diverse dates between 1 day of May 2017 and 4th day of May 2017 at Kin village in Makindu location within Makueni County intentionally and unlawfully caused his male genital organ namely penis to penetrate the anus of M.M.M a child aged 10 years.
He also faced an alternative count of committing an indecent act on each of the complainants on diverse dates between 1st May and 4th May 2017.
He denied the charges and the matter proceeded to full hearing, with the prosecution calling seven (7) witnesses. The Appellant gave an unsworn statement of defence and called no witness. He was finally, found guilty, convicted and sentenced to serve twenty (20) years imprisonment on each of the two main counts of defilement. It was ordered that the sentences run concurrently...
There is nothing that has been placed before this court to make me interfere with that sentence. The upshot is that the appeal lacks merit and is hereby dismissed.
Evidently the applicant''s conviction and sentence were upheld by this court (Hon Ong''udi J) a court of equal jurisdiction and this court cannot interfere with that decision.
The applicant has recourse in the Court of Appeal or the Power of Mercy Committee.
The application is declined for want of prosecution.
Dated, signed and delivered this 2nd December 2025
Mumbua T Matheka
Judge
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Before me is the NOTICE OF MOTION which is not dated in which the applicant is seeking the revision of his sentence under s. 333(2) of the Criminal Procedure Code on the grounds :
1. THAT, he is currently held at Machakos Main Prison serving a concurrent 20 Year''s custodial term for the offence(s) of Defilement c/s 8(1) and Section 8(2) of the S.O Act No. 3 of 2006.
2. THAT, the Trial magistrate erred in law and fact by not considering the period he spent in remand custody as per section 333(2) of the criminal procedure code before my conviction on 15th February 2019.
3. THAT, he had been in remand custody for 1 Year 9 Months 9 days, period which he seeks that this Honorable court factors it in his sentence.
4. THAT, he was arrested on 5th May 2017 and had been under prison custody where for 1 Year 9 Months 9 days in remand custody up to the date of his conviction on 15th February 2019.
In the SUPPORTING AFFIDAVIT he reiterates the grounds for the application
I have carefully considered the application. The applicant upon conviction and sentence file HCCRA 52 of 2019. In that matter the stated
"A lfred Kioko Mutisya the Appellant was charged with two counts of defilement contrary to section 8/1) as read with section 8(2) of the Sexual Offences Act No. 3 of 2006. The particulars in count I were that the Appellant on diverse dates between 2nd day of May 2017 at Kiu village in Makindu location within Makueni county intentionally an unlawfully caused his male genital organ namely penis to penetrate the anus of D.M a child aged 11 years.
The particulars in count II were that the Appellant on diverse dates between 1 day of May 2017 and 4th day of May 2017 at Kin village in Makindu location within Makueni County intentionally and unlawfully caused his male genital organ namely penis to penetrate the anus of M.M.M a child aged 10 years.
He also faced an alternative count of committing an indecent act on each of the complainants on diverse dates between 1st May and 4th May 2017.
He denied the charges and the matter proceeded to full hearing, with the prosecution calling seven (7) witnesses. The Appellant gave an unsworn statement of defence and called no witness. He was finally, found guilty, convicted and sentenced to serve twenty (20) years imprisonment on each of the two main counts of defilement. It was ordered that the sentences run concurrently...
There is nothing that has been placed before this court to make me interfere with that sentence. The upshot is that the appeal lacks merit and is hereby dismissed.
Evidently the applicant''s conviction and sentence were upheld by this court (Hon Ong''udi J) a court of equal jurisdiction and this court cannot interfere with that decision.
The applicant has recourse in the Court of Appeal or the Power of Mercy Committee.
The application is declined for want of prosecution.
Dated, signed and delivered this 2nd December 2025
Mumbua T Matheka
Judge
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