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JudgmentOLIVER MUTUA MUTUKU VS The Republic1 min read

OLIVER MUTUA MUTUKU VS The Republic

High Court at Machakos High Court · · M. Muigai

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MACHAKOS

Coram:  Esther Maina (LJ)

MISCELLANEOUS CRIMINAL APPLICATION NO. E026 OF 2024

OLIVER MUTUA MUTUKU ……………………………………….APPLICANT

VERSUS

REPUBLIC ………………………………………………………….RESPONDENT

RULING

  1. By the Notice of Motion dated (undated) the Applicant sought to have his term of imprisonment (sentence) reduced to take into account the time spent in remand.
  2. The Application was made under Section 333(3) of the Criminal procedure Code which obligates the Court sentencing an accused person to take such period into account. 
  3. In this case it is evident from the proceedings of 23/05/2019 that the Trial Magistrate considered the period spent in remand when sentencing the accused. As such, and I agree with Counsel for the State, the application has no merit.  It is therefore dismissed.

RULING DELIVERED, SIGNED AND DATED IN OPEN COURT ON 17TH JANUARY, 2025 (PHYSICAL/VIRTUAL CONFERENCE).

ESTHER MAINA

JUDGE

17/01/2025

    OLIVER MUTUA MUTUKU VS The Republic OLIVER MUTUA MUTUKU VS The Republic