Njihia v Republic (Miscellaneous Criminal Application E043 of 2021) [2022] KEHC 16992 (KLR) (20 December 2022) (Ruling)
- Court
- High Court of Kenya
- Case number
- 16992
- Citation
- [2022] KEHC 16992 (KLR)
- Decided
- 20 December 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Criminal ApplicationPostureApplication for revision of sentenceCoramGW NGENYE-MACHARIA
Holding
The application partially succeeds, with the period of remand custody (4 months) to be considered as part of the sentence.
Facts
The applicant, Joseph Gathura Njihia, was charged with attempted delement with a child and indecent act with a child. He was found guilty and sentenced to 10 years imprisonment. He did not appeal the judgment.
Issues
- Whether the sentence imposed was correct
- Whether the period of remand custody should be considered in sentencing
Reasoning
The court found that the trial magistrate did not consider the provisions of Section 333(2) of the Criminal Procedure Code, which requires the period of remand custody to be taken into account in sentencing.
Outcome
The application is partially successful.
Orders
- The period of remand custody (4 months) shall be considered as part of the sentence.
- The trial court le shall be remitted back to the trial court.
Authorities cited
Legislation (2)
- Sexual Offences Act No. 3 of 2006
- Criminal Procedure Code
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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