Matei v Republic (Miscellaneous Criminal Application E017 of 2023) [2023] KEHC 24846 (KLR) (31 October 2023) (Ruling)
Neutral citation:
[2023] KEHC 24846 (KLR)
Republic of Kenya
Miscellaneous Criminal Application E017 of 2023
JN Onyiego, J
October 31, 2023
(IN THE MATTER OF AN INTENDED APPEAL)
Between
Mwangangi Matei
Applicant
and
Republic
Respondent
Ruling
1.The applicant herein was charged with defilement contrary to section 8 (1) as read with section 8 (2) of the Sexual Offences Act No. 3 of 2006.Particulars were that on the 17th day of October, 2014 between 5. 00a.m and 11. 00a.m in Bura Tana District within Tana River County did commit an act which caused penetration with your genital organ namely penis to the genital organ namely vagina of JC a girl aged 4 years.
2.He was also charged with an alternative count of indecent act Contrary to section 11 (1) of The Sexual Offences Act No.3 of 2006.Particulars were that on the 17th day of October, 2014 between 5. 00a.m and 11. 00a.m at in Bura Tana District within Tana River County willfully and unlawfully touched the vagina and buttocks of JC a girl aged 4 years.
3.Having returned a plea of not guilty the matter proceeded to full trial. Subsequently, he was convicted and sentenced to life imprisonment.
4.Consequently, the applicant moved this court vide chamber summons filed on August 29, 2023 seeking the court to consider reduction of his sentence by 1 year and 3 months being the period spent in remand custody.
5.In response, the State conceded to the application.
6.I have considered the application herein and the response thereof. the crème of the matter herein is the inclusion of the period spent in remand custody in computing sentence. The applicant was arrested on 17-10-2014 and arraigned in court on 21. 10. 2014. He remained in custody till he was convicted and sentenced on 23-2-2016. Clearly therefore he was in remand custody for 1 year 3 months and 5 days.
7.However, it is not practical to reduce life sentence with specific period. The application is therefore not capable of implementation in the manner it is coached. Accordingly, the same is dismissed.
DATED, SIGNED AND DELIVERED THIS 31ST DAY OF OCTOBER, 2023..........................J. N. ONYIEGOJUDGE