[2025] KEHC 1419 (KLR)

[2025] KEHC 1419 (KLR)

The court found that the applicants were entitled to have the period spent in pre-trial remand deducted from their sentence in accordance with Section 333(2) of the Criminal Procedure Code. The judge exercised discretion to vary the sentence so that it would run from the date the applicants were first remanded,...

Source-derived case information.

Citation
[2025] KEHC 1419 (KLR)
Parties
Applicant: Samuel Kipngeno Chelule alias Sammy; Applicant: Kelvin Kiprono Byegon alias Kimalel; Respondent: Director of Public Prosecution
Court
High Court
Court Station
High Court at Nakuru
Jurisdiction
Kenya
Case Number
Criminal Miscellaneous Application E178 of 2024
Procedural Posture
Criminal Miscellaneous Application / Ruling
Outcome
application allowed
Judges
SM Mohochi
Legal Topics
Sentence Review, Pre Trial Remand Credit, Criminal Procedure Code Section 333
Source Language
en
Criminal Law Sentence Review Pre Trial Remand Credit Criminal Procedure Code Section 333

Source-derived case record

Summary, issues, holding and outcome

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Parties

Samuel Kipngeno Chelule alias Sammy

Applicant

Kelvin Kiprono Byegon alias Kimalel

Applicant

Director of Public Prosecution

Respondent

Procedural Posture

Criminal Miscellaneous Application / Ruling

Legal Issues

  1. 1 Whether the sentence imposed should be reviewed to account for the pre-trial remand period served by the applicants.

Ratio Decidendi

The court found that the applicants were entitled to have the period spent in pre-trial remand deducted from their sentence in accordance with Section 333(2) of the Criminal Procedure Code. The judge exercised discretion to vary the sentence so that it would run from the date the applicants were first remanded, being September 14, 2015. This ensures compliance with statutory requirements and upholds the principle that time already served should be credited towards the total sentence imposed.

Court Disposition

application allowed

Orders

  • The sentence imposed on the applicants shall run from September 14, 2015.
  • The sentence is varied to include the pre-trial remand period served.