Githinji & another v Republic (Miscellaneous Criminal Application E073 of 2024) [2025] KEHC 18967 (KLR) (17 December 2025) (Ruling)
- Court
- High Court of Kenya
- Case number
- 18967
- Citation
- [2025] KEHC 18967 (KLR)
- Decided
- 17 December 2025
The court reduces the applicants' sentences by the period they had spent in lawful custody and orders that the period spent in Criminal Case No 1285 of 2011 be computed as part of their sentence.
Facts
Stephen Maina Githinji and Francis Githinji Gachogu were convicted of assault and attempted escape from lawful custody in Murang’a Criminal Case No 1285 of 2011 and sentenced to three years imprisonment each, to run concurrently. They were also convicted of robbery with violence in Criminal Case No 203 of 2011 and sentenced to death, which was later reduced to 30 years imprisonment.
Issues
- To reduce their sentences by the period they had spent in lawful custody
- To clarify the prison term in Criminal Case No 1285 of 2011
Reasoning
The court found that the trial court erred by not taking into account the period spent in lawful custody. The court also clarified that the applicants had already served their sentence in Criminal Case No 1285 of 2011 and are still serving their sentence in Criminal Case No 203 of 2011.
Outcome
Application granted
Orders
- To reduce the applicants' sentences by the period they had spent in lawful custody
- To compute the period spent in Criminal Case No 1285 of 2011 as part of the sentence
Remedies
- Reduction of sentences
Authorities cited
Legislation (2)
- Criminal Procedure Code
- Penal Code
Cases cited (2)
- Ahamed Abolfathi Mohamed & another v Republic (2018)
- Furaha Charo Kazungu v Republic (2024)
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