[2025] KEHC 10450 (KLR)
The court found that the trial magistrate failed to consider the mandatory provisions of Section 333(2) of the Criminal Procedure Code, which require that the period an accused person spends in custody prior to sentencing be taken into account when computing the sentence. The record showed that the applicant was...
Source-derived case information.
- Citation
- [2025] KEHC 10450 (KLR)
- Parties
- Applicant: Victor Kimutai Cheruiyot; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application E129 of 2022
- Procedural Posture
- Criminal Miscellaneous Application / Ruling on Application for Consideration of Time Spent in Custody Under Section 333(2) Cpc
- Outcome
- application allowed
- Judges
- PN Gichohi
- Legal Topics
- Sentencing, Time Spent in Custody, Section 333 2 Cpc, Sexual Offences, Defilement, Sentence Computation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Victor Kimutai Cheruiyot
Applicant
Republic
Respondent
Procedural Posture
Criminal Miscellaneous Application / Ruling on Application for Consideration of Time Spent in Custody Under Section 333(2) Cpc
Legal Issues
- 1 Whether the period spent in custody by the applicant prior to sentencing should be considered as part of the sentence under Section 333(2) of the Criminal Procedure Code.
Ratio Decidendi
The court found that the trial magistrate failed to consider the mandatory provisions of Section 333(2) of the Criminal Procedure Code, which require that the period an accused person spends in custody prior to sentencing be taken into account when computing the sentence. The record showed that the applicant was arrested on 4/2/2020 and remained in custody until sentencing on 2/6/2022, with no evidence of release on bond. The applicant did not challenge the conviction or sentence, and the respondent did not oppose the application. Accordingly, the court ordered that the applicant's ten-year sentence for defilement be computed from the date of arrest, 4/2/2020, thereby giving effect to the...
Court Disposition
application allowed
Orders
- The sentence of ten years imprisonment shall be computed to run from the date of arrest, being 4/2/2020.
Full Case Text
Judgment text and source record
21 paragraphs
Cheruiyot v Republic (Criminal Miscellaneous Application E129 of 2022) [2025] KEHC 10450 (KLR) (17 July 2025) (Ruling)
Neutral citation: [2025] KEHC 10450 (KLR)
Republic of Kenya
In the High Court at Nakuru
Criminal Miscellaneous Application E129 of 2022
PN Gichohi, J
July 17, 2025
Between
Victor Kimutai Cheruiyot
Applicant
and
Republic
Respondent
Ruling
1. This Court has considered the Notice of Motion filed on 31/10/2022. The Applicant seeks that the period spent in custody be considered as part of the sentence under Section 333 [2] of the Criminal Procedure Code. He has not appealed the sentence and conviction.
2. The Court record shows that the accused was sentenced on 2/6/2022 by Hon. A. Mukenga to serve 10 years imprisonment for the offence of defilement contrary to Section 8[1] as read with Section 8 [4] of the Sexual Offences Act No. 3 of 2006.
3. It is apparent that the trial Magistrate did not consider the mandatory provisions of Section 333 [2] of the Criminal Procedure Code. From the record, the Applicant was arrested on 4/2/2020 and presented in Court for plea on 10/2/2020 where he pleaded not guilty and the matter went for trial. There is no evidence that he ever went out on bond since then.
4. He has no issue with conviction or sentence and therefore he has not preferred any appeal.
5. Mr Kihara for the State/Respondent has not objected to this application.
6. In the circumstances the sentence of 10 [ten] years imprisonment shall be computed to run from the date of arrest being 4/2/2020.
RULING DATED AND SIGNED AT NAKURU THIS 17TH DAY OF JULY, 2025. PATRICIA GICHOHIJUDGEIn the presence of:Victor Kimutai Cheruiyot – ApplicantMr. Kihara for the RespondentRuto, Court Assistant