[2025] KEHC 5118 (KLR)

[2025] KEHC 5118 (KLR)

The court found that the applicant was entitled to have the period spent in remand custody prior to conviction taken into account in the computation of his sentence, as mandated by section 333(2) of the Criminal Procedure Code. The trial magistrate failed to consider this period, which is a legal entitlement. The...

Source-derived case information.

Citation
[2025] KEHC 5118 (KLR)
Parties
Applicant: Abraham Kipkosgei Cheboi; Respondent: Republic
Court
High Court
Court Station
High Court at Eldoret
Jurisdiction
Kenya
Judgment Date
29 April 2025
Case Number
Miscellaneous Criminal Application E071 of 2022
Procedural Posture
Miscellaneous Criminal Application / Sentence Review Application
Outcome
Application allowed to the extent that the committal warrant is amended to reflect commencement of sentence from date of arrest.
Judges
RN Nyakundi
Legal Topics
Sentencing Review, Remand Custody Credit, Commencement of Sentence, High Court Supervisory Jurisdiction
Source Language
english
Criminal Law Sentencing Review Remand Custody Credit Commencement of Sentence High Court Supervisory Jurisdiction

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Parties

Abraham Kipkosgei Cheboi

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Sentence Review Application

Legal Issues

  1. 1 Whether the applicant is entitled to have the period spent in remand custody factored into his sentence under section 333(2) of the Criminal Procedure Code.
  2. 2 Whether the committal warrant should be amended to reflect the commencement of sentence from the date of arrest.

Ratio Decidendi

The court found that the applicant was entitled to have the period spent in remand custody prior to conviction taken into account in the computation of his sentence, as mandated by section 333(2) of the Criminal Procedure Code. The trial magistrate failed to consider this period, which is a legal entitlement. The High Court, exercising its supervisory jurisdiction, ordered that the committal warrant be amended so that the applicant's sentence commences from the date of arrest, 19th November 2012. This ensures the sentence is proportionate and in compliance with statutory and constitutional requirements.

Court Disposition

Application allowed to the extent that the committal warrant is amended to reflect commencement of sentence from date of arrest.

Orders

  • The committal warrant to prison shall be amended to reflect that the sentence commences from 19th November 2012, the date of arrest.