[2022] KEHC 10432 (KLR)
The court held that the period spent in custody prior to sentencing must be taken into account when computing the term of imprisonment. The applicants had been in custody for 3 years and 3 months before being sentenced to 20 years imprisonment for murder. Applying section 333(2) of the Criminal Procedure Code and...
Source-derived case information.
- Citation
- [2022] KEHC 10432 (KLR)
- Parties
- Applicant: David Kiplangat Chelule; Applicant: Dennis Kipkurui Kigen; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E004 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Sentence Computation
- Outcome
- application allowed
- Judges
- AN Ongeri
- Legal Topics
- Sentence Computation, Pretrial Custody Deduction, Murder Offence, Penal Code Interpretation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
David Kiplangat Chelule
Applicant
Dennis Kipkurui Kigen
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Sentence Computation
Legal Issues
- 1 Whether the period spent in custody prior to sentencing should be deducted from the term of imprisonment imposed for murder.
- 2 Whether the sentence should commence from the date of first arraignment or the date of sentencing.
Ratio Decidendi
The court held that the period spent in custody prior to sentencing must be taken into account when computing the term of imprisonment. The applicants had been in custody for 3 years and 3 months before being sentenced to 20 years imprisonment for murder. Applying section 333(2) of the Criminal Procedure Code and the Judiciary Sentencing Policy Guidelines, the court ordered that the sentence should commence from the date of first arraignment, 11/3/2016, rather than the date of sentencing, 13/6/2019. This ensures that the applicants are not prejudiced by the time already spent in custody awaiting trial and sentencing.
Court Disposition
application allowed
Orders
- The application filed on 5/1/2022 is allowed.
- The sentence of 20 years imprisonment shall commence from 11/3/2016, not 13/6/2019.
Full Case Text
Judgment text and source record
23 paragraphs
Chelule & another v Republic (Miscellaneous Criminal Application E004 of 2022) [2022] KEHC 10432 (KLR) (17 June 2022) (Ruling)
Neutral citation: [2022] KEHC 10432 (KLR)
Republic of Kenya
In the High Court at Kericho
Miscellaneous Criminal Application E004 of 2022
AN Ongeri, J
June 17, 2022
Between
David Kiplangat Chelule
1st Applicant
Dennis Kipkurui Kigen
2nd Applicant
and
Republic
Respondent
Ruling
1. The Applicant herein David Kiplangat Chelule And Dennis Kipkurui Kigen (hereafter referred to as the Applicants) was sentenced to 20 years imprisonment for the offence of murder contrary to section 203 as read with section 204 of the Penal Code.
2. The Applicant was first arraigned in court on 11/3/2016 and was sentenced to 20 years imprisonment on 13/6/2019 after a period of 3 years and 3 months in custody.
3. The Applicant is now seeking to have the period that he was in custody deducted from the term of twenty years imprisonment.
4. The Application filed on 5/1/2022 be and is hereby allowed.
5. The sentence to start running from 11/3/2016 and not on 13/6/2019 orders to issue accordingly.
6. The orders herein should abide in HCCR MISC. Criminal Application No. E001 of 2022 Dennis Kipkurui Kigen alias Killing versus Republic.
DELIVERED, DATED AND SIGNED AT KERICHO THIS 17TH DAY OF JUNE 2022. A. N. ONGERIJUDGE