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JudgmentVICTOR MASEKI VS The Republic2 min read

VICTOR MASEKI VS The Republic

High Court at Makueni High Court · · Matheka, Teresia Mumbua


RULING

1. By a Notice of Motion dated 22nd September 2023 the applicant states:

  1. That   am seeking   review of my sentence   pursuant   to section 333(2) of the Criminal Procedure Code. 
  2. That I wish to be present during   the hearing   of this application. 

2. The application is supported by his Affidavit sworn on the same date. He depones:

  1. That   I am an adult   Kenyan Citizen   of sound mind and the applicant herein hence competent to swear    this affidavit.
  2. That I am    currently held at   Machakos   Main Prison serving a   7 years’ imprisonment   term for the    offence      of Defilement   contrary to section 8(1)   as read with section 8(3) of the Sexual   Offences   Act   2006. 
  3. That the learned judge   erred in law and fact by not considering   the period    I spent   in remand    custody   as per section   333(2)   of the Criminal     Procedure     Code before my   conviction   on 31st May, 2021. 
  4. That, I the applicant   has been in remand custody for 7 months and 19 days’ period which I pray to this honourable    court to be factored in my sentence. 
  5. For record purposes I was arrested on 12th October 2020 before my conviction on 31st May, 2021. 
  6. That all that is deponed herein is true to the best of my knowledge and belief.
  7. That I have overwhelming chances if this matter is heard and determined on time.

4. I have perused the Judgment in the HCCRA E055 of 2021 Judgment of Hon Dulu J dated 21st July 2022. The Judge stated

With regard    to sentence, I note   that the appellant was sentenced   to serve seven (7) years   imprisonment.  It was a lenient sentence.  I uphold   the sentence imposed.  Consequently, and for the above reasons, I dismiss the appeal and uphold   both the conviction   and sentence   of the trial court. 

5. With these sentiments from the Judge who heard the appeal, it is my view that he considered the period the applicant had spent in custody in upholding the sentence.

6. The applicant’s contention is that That the learned judge   erred in law and fact by not considering   the period    I spent   in remand    custody   as per section   333(2)   of the Criminal     Procedure     Code before my   conviction   on 31st May, 2021.  Taking into consideration that this was a Judge of the High Court, any interference on my part would amount to my siting on appeal on my own judgment.

7. In the circumstances, I would have nothing to add and the application for revision of sentence is untenable.

8. The application is dismissed.

8. Orders accordingly

Dated signed and delivered in open court on 21/6/24

Mumbua T Matheka

Judge

Present: Applicant, Prosecutor Mr. Kazungu, Court Assistant Ms. Elizabeth

NB: Paragraphing distorted by the system

    VICTOR MASEKI VS The Republic VICTOR MASEKI VS The Republic