Martin Mutugi v Director of Public Prosecutions

Mutugi v Director of Public Prosecutions (Petition E112 of 2024) [2024] KEHC 3346 (KLR) (14 March 2024) (Judgment) Neutral citation: [2024] KEHC 3346 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MERU PETITION E112 OF 2024 TW CHERERE, J MARCH 14, 2024 BETWEEN MARTIN MUTUGI ................................................................................ PETITIONER AND DIRECTOR OF PUBLIC PROSECUTIONS .................................... RESPONDENT JUDGMENT 1. Applicant was charged, tried and convicted in MERU MCCR. No. E288 Of 2021 in five counts namely: 1. Obtaining money by false pretences contrary to section 313 of the Penal Code 2. Two counts of uttering a false document contrary to section 353 of the Penal Code 3. Personation contrary to section 382 of the Penal Code 4. Conspiracy to defraud contrary to section 317 of the Penal Code 2. Appellant was on 21st March, 2023 sentenced to serve 2 years in each count which sentences were ordered to run concurrently. 3. Applicant seeks that the sentences be subjected to the provisions of Section 333(2) of the Criminal Procedure Code so that the time he spent in custody can be accounted for. 4. The Court of Appeal held in the case of Bethwel Wilson Kibor vs Republic [2009] eKLR that: “ By proviso to section 333(2) of the Criminal Procedure Code, where a person sentenced has been held in custody prior to such sentence, the sentence shall take into account of the period spent in custody. ……..” https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/3346/eng@2024-03-14 1

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