[2024] KEHC 12769 (KLR)
The court found that the lower court did not indicate that it considered the period of 4 months and 11 days spent by the accused in remand custody when passing the sentence of 20 years imprisonment. Applying Section 333(2) of the Criminal Procedure Code, the High Court held that the remand period must be included in...
Source-derived case information.
- Citation
- [2024] KEHC 12769 (KLR)
- Parties
- Applicant: John Karuga Bett; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E023 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Consideration of Remand Period in Sentence
- Outcome
- application allowed
- Judges
- E Ominde
- Legal Topics
- Sentencing, Remand Period Credit, Sentence Adjustment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Karuga Bett
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Consideration of Remand Period in Sentence
Legal Issues
- 1 Whether the period spent in remand custody by the accused should be taken into account in computing the sentence imposed by the lower court.
- 2 Whether the lower court erred by failing to consider the remand period during sentencing.
Ratio Decidendi
The court found that the lower court did not indicate that it considered the period of 4 months and 11 days spent by the accused in remand custody when passing the sentence of 20 years imprisonment. Applying Section 333(2) of the Criminal Procedure Code, the High Court held that the remand period must be included in the computation of the sentence. The application was therefore merited and allowed, with a direction that the period already served be computed and adjusted accordingly in the applicant's sentence.
Court Disposition
application allowed
Orders
- The period of 4 months and 11 days spent in remand custody shall be included in the sentence of 20 years imprisonment imposed by the lower court.
- The period already served by the applicant shall be computed and adjusted accordingly.
Full Case Text
Judgment text and source record
21 paragraphs
Bett v Republic (Miscellaneous Criminal Application E023 of 2023) [2024] KEHC 12769 (KLR) (24 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12769 (KLR)
Republic of Kenya
In the High Court at Eldoret
Miscellaneous Criminal Application E023 of 2023
E Ominde, J
October 24, 2024
Between
John Karuga Bett
Applicant
and
Republic
Respondent
Ruling
1. The Court Assistant having perused the Lower Court file has ascertained that the accused was in custody for the entire period of the trial.
2. That he took plea on 25th March 2011 and was sentenced on 5th August 2011. That he therefore spent 4 months and 11 days in remand.
3. I have perused the lower court record on the sentencing. I note that the court did not indicate that it took into account the period that the accused spent in remand when passing sentence.
4. For this reason, I find merit in the application by the accused and being satisfied with the twenty year sentence that was passed by the lower court did not take into account the period spent in remand with amounted to 4 months and 11 days. I allow the application by the accused.
5. The court therefore, directs that the period of 4 months and 11 days spent in remand be included in the sentence of 20 years imprisonment that was meted out before the lower court and the period already served be computed and adjusted accordingly.
6. Right to appeal 14 days.
READ DATED AND SIGNED AT ELDORET ON 24THDAY OF OCTOBER 2024E. OMINDEJUDGE