Case ID:158551
Parties: None
Date Delivered: None
Case Type: None
Court: None
Judges: None
Citation: None
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