1. Garrison Juma Outa was charged with obtaining money by false pretence contrary to section 313 of the Penal Code. Particulars are that on 2nd day of December, 2022 at around 10.00am at Salama Town, Mukaa Sub-county within Makueni County, with others not before court, with intent to defraud obtained from Samson Matola Musau sum of Kshs. 250,000 by falsely pretending to have supplied Samson Matola Musau with timber worth Kshs. 250,000 a fact he knew to be false.
2. The record shows he appeared in court on 22/5/2023 and pleaded not guilty.
3. He was in custody.
4. He was tried and found guilty vide judgment of 26/11/2024.
5. In the sentence the learned trial magistrate stated;
The accused person having been convicted of the offence of obtaining money by false pretence contrary to section 313 of the Penal Code and the court having given him a chance to pay the complainant which he was not able to and given the instance that the accused has been in custody since his arrest on 17/5/2023 has been in custody from then to date the accused is hereby sentenced 2 years in prison. Right of Appeal 14 days.
6. The applicant has filed notice of motion seeking review of his sentence pursuant to the provisions of Section 333(2) of the Criminal Procedure Code for this court to take into consideration the period he spent in custody. In the supporting affidavit he depones ;
1) That I was charged with an offence of obtaining money by false pretense contrary to 313 of the Penal Code, tried and upon being found guilty sentenced to serve 2 years imprisonment and now held at Makueni Main Prison.
2) That I now pray this Hon. Court to consider the period I spent in remand custody pursuant to section 333(2) of the Criminal Procedure Code.
3) That I the applicant was arrested on 17/05/2023 and since then I have been in remand custody where I stayed for a period of one year and seven months which was not considered during sentencing dated on 9/12/2024 at Kilungu.
7. It is evident in the quote from the sentence ruling of the trial court that in arriving at the sentence of 2 years imprisonment, the magistrate took into account the period the applicant had spent in remand custody.
8. In the circumstances, the application is not merited and the same is dismissed accordingly.
Dated, signed and delivered this 9th April 2025
Mumbua T Matheka
Judge
Chrispol Court Assistant
Applicant
Kazungu for state