Case ID:158551

Francis Nginyo Ng’ang’a v Republic [2020] eKLR

Case Metadata

Case Number:

Criminal Miscellaneous Application 89 of 2019

Parties:

Francis Nginyo Ng’ang’a v Republic

Date Delivered:

27 May 2020

Case Class:

Criminal

Court:

High Court at Garissa

Case Action:

Ruling

Judge(s):

Charles Mutungi Kariuki

Citation:

Francis Nginyo Ng’ang’a v Republic [2020] eKLR

Court Division:

Criminal

County:

Garissa

Case Outcome:

Application dismissed

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT GARISSA

CRIMINAL MISC. APPLICATION NO. 89 OF 2019

FRANCIS NGINYO NG’ANG’A....................APPLICANT

VERSUS

REPUBLIC....................................................RESPONDENT

RULING

1. The applicant was charged, convicted and sentenced to 5 years imprisonment for offence of being a member of terrorist group contrary to section 24 of the Prevention of Terrorism Act of 2012.

2. He lodged Criminal Appeal No. 37 of 2017 which he withdrew on 23/7/2019.

3. He has now moved court via an application for court to consider the period he was in custody i.e. from 20/3/2015 to 22/6/2017 (2 years 3 months).

4. He says that he does not challenge the conviction and sentence by the trial court but wishes his sentence to be reduced by the period he was in custody prior to sentence.

5. The court notes that during sentencing on 22/6/2017 the trial court stated,

“Considering the circumstances of the offence and the period the accused has stayed in custody….. it would exercise utmost leniency…..”

and sentenced him to 5 years. The applicant abandoned the appeal.

6. The trial court considered the period applicant was in custody, thus sentenced him to a very lenient term.

7.

This court finds no merit in the application and same is dismissed.

DATED, DELIVERED AND SIGNED AT GARISSA THIS 27

TH

DAY OF MAY, 2020.

........................

C. KARIUKI

JUDGE