Jacob Kibaki v Director of Public Prosecution

Kibaki v Director of Public Prosecution (Petition E025 of 2023) [2023] KEHC 3559 (KLR) (20 April 2023) (Judgment) Neutral citation: [2023] KEHC 3559 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MERU PETITION E025 OF 2023 TW CHERERE, J APRIL 20, 2023 BETWEEN JACOB KIBAKI ....................................................................................... PETITIONER AND DIRECTOR OF PUBLIC PROSECUTION ...................................... RESPONDENT JUDGMENT 1. Petitioner was convicted for the ofience of rape contrary to section 3(1)(a) as read with section 3(3) of the Sexual Offences Act and was sentenced to 10 years’ imprisonment. 2. Petitioner’s appeal to the High Court vide Meru H.C.CRA. No. 148 of 2017 was dismissed and the conviction and sentence were confirmed. 3. I have considered the revision in the light of Section 333(2) of the Criminal Procedure Code which provides: Warrant in case of sentence of imprisonment (2) Subject to the provisions of section 38 of the Penal Code (Cap. 63) every sentence shall be deemed to commence from, and to include the whole of the day of, the date on which it was pronounced, except where otherwise provided in this Code. Provided that where the person sentenced under subsection (1) has prior to such sentence, been held in custody, the sentence shall take account of the period spent in custody. 4. The court in handing down a sentence is obligated to take into account the period an accused has been held in custody prior to such sentence. (See Ahamad Abolfathi Mohammed & Another v Republic [2018] eKLR). https://new.kenyalaw.org/akn/ke/judgment/kehc/2023/3559/eng@2023-04-20 1

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