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
- 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.
- 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.
- 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