R U L I N G
1. The Applicant’s prayer is under Section 333(2) of the Criminal Procedure Code. He states that he was sentenced to 25 years from the date of conviction. Then in a clever twist, he swears that he has “been having the burden of this case since the date of his arrest on 3/3/2012”. Though factually true, that he has been having the burden” this statement is meant to portray the picture that the trial period was spent in custody.
2. This is what the Probation Officer understood as the Sentence Review Report at page 5 – states that –
“the applicant was arrested on 3/3/2012 and he remained in custody till his conviction on 11/4/2019.
He was not admitted to bail/bond and was in custody all along”.
3. Now that is not true. Initially, the trial court declined to grant bond but this decision re-visited on 20/12/2012 and the trial at reviewed the position and granted bond.
4. On 30/1/2013, two sureties were approved and he was released from custody. He remained out on bond until the 24/1/2019 when the Judgment was delivered. This can be confirmed from the proceedings at pg. 105.
5. Therefore, in as much as the accused person says he has reformed, his conduct appears not to have changed. I note from the Judgment that the mother for the murder also included some fraud. It appears that the applicant also wants to “obtain a review by misrepresentation”. The record is however clear.
6. That as may be, the court will allow a deduction of the time spent in custody from the date of when he was first arraigned in court 5/03/2012 to the date when he was released on bond which is 30/1/2013. The application is allowed to that extent.
Dated, signed and delivered in Open Court/online through MS TEAMS,
this …15th …day of …April 2025
HON. LADY JUSTICE W. K. MICHENI
JUDGE
In the presence of: -
THE APPELLLANT………………MR. NGIRI…………….
……………………….
1. The Applicant’s prayer is under Section 333(2) of the Criminal Procedure Code. He states that he was sentenced to 25 years from the date of conviction. Then in a clever twist, he swears that he has “been having the burden of this case since the date of his arrest on 3/3/2012”. Though factually true, that he has been having the burden” this statement is meant to portray the picture that the trial period was spent in custody.
2. This is what the Probation Officer understood as the Sentence Review Report at page 5 – states that –
“the applicant was arrested on 3/3/2012 and he remained in custody till his conviction on 11/4/2019.
He was not admitted to bail/bond and was in custody all along”.
3. Now that is not true. Initially, the trial court declined to grant bond but this decision re-visited on 20/12/2012 and the trial at reviewed the position and granted bond.
4. On 30/1/2013, two sureties were approved and he was released from custody. He remained out on bond until the 24/1/2019 when the Judgment was delivered. This can be confirmed from the proceedings at pg. 105.
5. Therefore, in as much as the accused person says he has reformed, his conduct appears not to have changed. I note from the Judgment that the mother for the murder also included some fraud. It appears that the applicant also wants to “obtain a review by misrepresentation”. The record is however clear.
6. That as may be, the court will allow a deduction of the time spent in custody from the date of when he was first arraigned in court 5/03/2012 to the date when he was released on bond which is 30/1/2013. The application is allowed to that extent.
Dated, signed and delivered in Open Court/online through MS TEAMS,
this …15th …day of …April 2025
HON. LADY JUSTICE W. K. MICHENI
JUDGE
In the presence of: -
THE APPELLLANT………………MR. NGIRI…………….
……………………….