RULING
1. The applicant has approached this court vide an undated notice of motion brought under section 333(2) of the Criminal Procedure Code.
2. He seeks the prayer that his sentence be reviewed by this court taking into account the period he spent in custody before he was sentenced.
3. His application is supported by his affidavit sworn on an unknown date.
4. He depones that before he was sentenced to 18 months on 30/10/2024 he had served 7 months in remand having been arrested on 19/3/2024.
5. I have perused the record in Kilungu MCCR E184/2024 where applicant was the 3rd accused.
6. Charge sheet shows date of arrest as 19/3/2024.
7. On 30/10/2024 he was sentenced to pay fine of Kshs. 100,000 in default to serve 18 months imprisonment.
8. The charge was stealing stock contrary to section 278 of Penal Code, the alternative being handling stolen goods contrary to section 322(1) of the same code. The accused persons were found guilty of and convicted of the main charge . The cattle were recovered.
9. s. 278 of the Penal Code provides for a term of imprisonment of not more than 14 years for the person found guilty of that offence. The trial court exercised its discretion in determining the sentence .
10. In sentencing; the 1st & 3rd accused were sentenced to 12 months’ probation supervision and fine and imprisonment respectively.
11. Where there are no express provisions regarding the fines and default terms the maximum default sentence for the exceeding Kshs. 50,000 is 12 months as per section 28(2) of the Penal Code
12. Section 278 of the Penal Code does not have express provisions on default sentence where fine has been imposed.
13. It is also evident from the record that the trial court did not indicate in the sentence that the court had taken into consideration the period the applicant had spent in custody prior to the sentence.
14. In the exercise of the supervisory powers of this court under Article 165(6) & (7) of Constitution of Kenya 2010 and sections 362 to 364 of the Criminal Procedure Code, I revise the sentence thus:-
15. That the applicant is sentenced to pay a fine of Kshs. 100,000 in default to serve 12 months imprisonment. Default sentence to run from the date of arrest.
Orders accordingly.
DATED, SIGNED AND DELIVERED VIRTUALLY THIS 9TH APRIL 2025
MUMBUA T MATHEKA
JUDGE
CA CHRISPOL
APPLICANT PRESENT
KAZUNGU FOR STATE