The Appelant was charged with the offence of defilement contrary to section 8(1) as read with 8 (2) of the sexual offences act. He was convicted after a full trial and sentenced to a prison term of ten years.
The applicant filed an appeal to this court raising various grounds of appeal. Subsequently he elected to abandon the other grounds and pursue only one ground that is the sentence based on section 333 of the criminal procedure code.
He pointed out the sentence should have run from the date of arrest that is 29th September 2020 since he could not afford bond and bail terms.
That since his arrest he stayed in prison remand up to 29th December 2022 when he was convicted.
I have looked at the record. It is true that the offender remained in custody throughout the period of his trial court did not take that period into account. Accordingly the his argument has merit.
The appeal on sentence is allowed and the sentence should run from the 29th day of September 2020, the date of arrest as it appears on the charge sheet.
It is so ordered.
dated signed and delivered this 20th day of MARCH 2025
WENDY KAGENDO J
in the presenceof:
appellant
Mr Ngiri fpr the respondent
Ms bebora court assistant
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: -
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…………………………….
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HON. LADY JUSTICE W. K. MICHENI
JUDGE
The applicant filed an appeal to this court raising various grounds of appeal. Subsequently he elected to abandon the other grounds and pursue only one ground that is the sentence based on section 333 of the criminal procedure code.
He pointed out the sentence should have run from the date of arrest that is 29th September 2020 since he could not afford bond and bail terms.
That since his arrest he stayed in prison remand up to 29th December 2022 when he was convicted.
I have looked at the record. It is true that the offender remained in custody throughout the period of his trial court did not take that period into account. Accordingly the his argument has merit.
The appeal on sentence is allowed and the sentence should run from the 29th day of September 2020, the date of arrest as it appears on the charge sheet.
It is so ordered.
dated signed and delivered this 20th day of MARCH 2025
WENDY KAGENDO J
in the presenceof:
appellant
Mr Ngiri fpr the respondent
Ms bebora court assistant
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: -
…………………………..
…………………………….
……………………….
HON. LADY JUSTICE W. K. MICHENI
JUDGE