Republic v Njiri (Miscellaneous Criminal Application E120 of 2022) [2022] KEHC 15347 (KLR) (3 November 2022) (Ruling)
Neutral citation:
[2022] KEHC 15347 (KLR)
Republic of Kenya
Miscellaneous Criminal Application E120 of 2022
A. Ong’injo, J
November 3, 2022
Between
Republic
Respondent
and
Tom Mboya Njiri
Applicant
Ruling
1.The Applicant Tom Mboya Njiri was charged & convicted for the offence of trafficking in Narcotic Drugs contrary to Section 49(a) of the Narcotic Drugs and Psychotropic Substance Control Act No.4 of 1994 on 30th August 2016.
2.He seeks that the period he was in remand before conviction and sentence be factored in his sentence.
3.From this courts search the applicant had previously tried his luck to re-sentencing in High Court Petition No. 76 of 2019(2021) eKLR and Justice Ogolla dismissed the same for reasons he had not laid a basis for re-sentencing & his case did not fall within the merit of Francis Muruatetu petition.
4.It was further held in the petition that the applicant was lucky for having been sentenced to serve only 10 years instead life sentence and fine of Kshs.1,000,000/=.
5.I have perused a copy of the proceedings presented by the applicant and confirmed that he was never released on bond and he is therefore entitled to benefit from the provisions of Section 333(2) of the Criminal Procedure Code.
6.The Applicants sentence of 10 years should therefore run from 21st April 2016.
DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 3RD DAY OF NOVEMBER 2022HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of:-Ogwel - Court assistantMs. Anyumba for stateApplicant – Present in personHON. LADY JUSTICE A. ONG’INJO J3/11/2022