[2023] KEHC 26644 (KLR)
The court found that the trial court had already considered the period the applicant spent in custody prior to sentencing, as evidenced by the order that the sentence commence from 15th January, 2021, the date of first arraignment. Therefore, the application for further inclusion of time spent in custody was without...
Source-derived case information.
- Citation
- [2023] KEHC 26644 (KLR)
- Parties
- Applicant: Gilbert Kiprono Bii; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Petition E014 of 2023
- Procedural Posture
- Criminal Petition / Ruling on Application for Inclusion of Time Spent in Custody Prior to Sentencing
- Outcome
- application dismissed
- Judges
- JK Sergon
- Legal Topics
- Sentencing Procedure, Time Spent in Custody, Plea Bargain, Manslaughter, Application Under Section 333 2, Penal Code
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gilbert Kiprono Bii
Applicant
Republic
Respondent
Procedural Posture
Criminal Petition / Ruling on Application for Inclusion of Time Spent in Custody Prior to Sentencing
Legal Issues
- 1 Whether the applicant is entitled to further inclusion of time spent in custody prior to sentencing under section 333(2) of the Criminal Procedure Code.
- 2 Whether the trial court had already considered the period spent in custody when passing sentence.
Ratio Decidendi
The court found that the trial court had already considered the period the applicant spent in custody prior to sentencing, as evidenced by the order that the sentence commence from 15th January, 2021, the date of first arraignment. Therefore, the application for further inclusion of time spent in custody was without merit and was dismissed. The court emphasized that section 333(2) of the Criminal Procedure Code had been complied with at the time of sentencing, and no further adjustment was warranted.
Court Disposition
application dismissed
Orders
- The application for inclusion of time spent in custody prior to sentencing is dismissed.
Full Case Text
Judgment text and source record
22 paragraphs
Bii v Republic (Criminal Petition E014 of 2023) [2023] KEHC 26644 (KLR) (13 December 2023) (Ruling)
Neutral citation: [2023] KEHC 26644 (KLR)
Republic of Kenya
In the High Court at Kericho
Criminal Petition E014 of 2023
JK Sergon, J
December 13, 2023
Between
Gilbert Kiprono Bii
Applicant
and
Republic
Respondent
Ruling
1. The Applicant was charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code CAP 63 Laws of Kenya.
2. The charge was reduced to one of manslaughter contrary to section 202 as read with section 205 of the Penal Code CAP 63 Laws of Kenya pursuant to a plea bargain agreement, the applicant pleaded guilty to the charge of manslaughter and was convicted on his own plea of guilt.
3. On 10th February, 2023 the applicant was sentenced to twenty (20) years imprisonment by this court and the court ordered that the sentence to start running from 15th January, 2021 when the applicant was first arraigned in court.
4. The Applicant has made an application under section 333(2) of the Criminal Procedure Code CAP 75 Laws of Kenya for inclusion of the period he was in custody prior to sentencing. He contended that he was not released on bond, he therefore spent two (2) years in custody during the trial.
5. The prosecution did not oppose the said Application.
6. I have examined the original record and the sentence meted by this court on 10th February, 2023 by Justice A.N. Ongeri and in particular paragraph 12 of the sentence. I find that during sentencing the trial court considered the time spent in custody and subsequently ordered that the sentence will start running from 15th January, 2021 when the applicant was first arraigned in court.
7. In the end, I find that the instant application for inclusion of time spent in custody prior to sentencing is to be without merit. The Application by way of Petition is dismissed.
DATED, SIGNED AND DELIVERED AT KERICHO THIS 13TH DAY OF DECEMBER, 2023. J.K. SERGONJUDGEIn the presence of:C/Assistant – RutohProsecutor – Mr. MusyokiPetitioner – Present in Person