[2023] KEHC 4025 (KLR)
The court found that the applicant had remained in custody for 1 year and 3 months prior to being sentenced, and that this period was not considered by the trial court when imposing the sentence. Section 333(2) of the Criminal Procedure Code mandates that any period spent in custody prior to sentencing must be taken...
Source-derived case information.
- Citation
- [2023] KEHC 4025 (KLR)
- Parties
- Applicant: Erick Kipkemoi Bett; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal E010 of 2021
- Procedural Posture
- Criminal Appeal / Ruling on Application for Consideration of Pre Sentence Custody Period Under Section 333(2) of the Criminal Procedure Code
- Outcome
- application allowed
- Judges
- JK Sergon
- Legal Topics
- Sentencing, Pre Sentence Custody, Traffic Offences, Application of Section 333 2, Computation of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Erick Kipkemoi Bett
Applicant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Application for Consideration of Pre Sentence Custody Period Under Section 333(2) of the Criminal Procedure Code
Legal Issues
- 1 Whether the period spent in custody prior to sentencing should be considered and deducted from the applicant's sentence under section 333(2) of the Criminal Procedure Code.
- 2 Whether the trial court erred by not factoring in the pre-sentence custody period.
Ratio Decidendi
The court found that the applicant had remained in custody for 1 year and 3 months prior to being sentenced, and that this period was not considered by the trial court when imposing the sentence. Section 333(2) of the Criminal Procedure Code mandates that any period spent in custody prior to sentencing must be taken into account. The court held that the application had merit and ordered that the period of 1 year and 3 months be deducted from the applicant's 5-year jail term. The sentence was directed to commence from the date the applicant was first arraigned in court, being April 10, 2019.
Court Disposition
application allowed
Orders
- The period of 1 year and 3 months spent in custody prior to sentencing shall be deducted from the applicant's 5-year jail term.
- The sentence shall be deemed to have commenced on April 10, 2019.
Full Case Text
Judgment text and source record
23 paragraphs
Bett v Republic (Criminal Appeal E010 of 2021) [2023] KEHC 4025 (KLR) (4 May 2023) (Ruling)
Neutral citation: [2023] KEHC 4025 (KLR)
Republic of Kenya
In the High Court at Kericho
Criminal Appeal E010 of 2021
JK Sergon, J
May 4, 2023
Between
Erick Kipkemoi Bett
Applicant
and
Republic
Respondent
Ruling
1. The Applicant was sentenced on four counts as follows:i.CT I: Causing death by dangerous Riding contrary to section 46 of the Traffic Act in which he was condemned to pay a fine of Kshs 100,000/= in default serve 5 years imprisonment.ii.CT II: Riding a Moto Cycle on a Public Road without Insurance Contrary to Section 103 B (3) as read with 103 (B) (7) of Traffic Act in which he was condemned to pay a fine of Kshs 5,000/= in default serve 15 days imprisonment.iii.CT III: Riding a Motor Vehicle on a Public Road without a Driving License Contrary to section 103B (5) as read with section 103B (7) of the Traffic Act in which he was condemned to pay a fine of Kshs 1,000/= in default serve 15 days imprisonment.iv.CT IV: Failing to Report an Accident Contrary to Section 73(1) as read together with Section 75 of Traffic Act in which he was condemned to pay a fine of Kshs 1,000/= in default serve 15 days imprisonment.The sentence was to run consecutively.
2. The Applicant has made an application under section 333(2) of the Criminal Procedure Code for inclusion of the period he was in custody prior to his sentence of 5 years imprisonment.
3. The Prosecution did not oppose the Application.
4. The Original record of appeal shows that the applicant was granted a bond of Kshs 200,000/= with one surety on April 10, 2019 but there is no indication from the record that he was ever released on bond.
5. The applicant was first arraigned in Court on April 10, 2019 and he was sentenced on June 26, 2020 after remaining in custody for a period of almost 1 years and 3 months. It is apparent the period the Applicant spent in custody was not factored in before sentence by the Trial Court. I find the application to be with merits.
6. I direct that the 1 year and 3 months be deducted from the jail term of 5 years.
7. The sentence should start to run as from April 10, 2019.
8. Orders to issue accordingly.
DATED, SIGNED AND DELIVERED AT KERICHO THIS 4TH DAY OF MAY, 2023. J.K. SERGONJUDGEIn the presence of:C/Assistant - RutohS/Counsel – Mr. MusyokiAppellant – Present in Person