[2022] KEHC 864 (KLR)
The court found that the trial judge, in the judgment dated 21/11/2018, expressly stated that the period the applicants had spent in custody was taken into account when passing sentence. Therefore, the application seeking further inclusion of the custodial period in the computation of the 20-year jail term was not...
Source-derived case information.
- Citation
- [2022] KEHC 864 (KLR)
- Parties
- Applicant: Jane Chebet Chepkwony; Applicant: Kennedy Cheruiyot Ngetich; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E066 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Inclusion of Custodial Period in Sentence Computation
- Outcome
- application dismissed
- Judges
- AN Ongeri
- Legal Topics
- Sentencing Computation, Pretrial Custody Credit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jane Chebet Chepkwony
Applicant
Kennedy Cheruiyot Ngetich
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Inclusion of Custodial Period in Sentence Computation
Legal Issues
- 1 Whether the period the applicants spent in custody prior to sentencing should be included in the computation of their 20-year jail term.
- 2 Whether the trial judge had already considered the custodial period at the time of sentencing.
Ratio Decidendi
The court found that the trial judge, in the judgment dated 21/11/2018, expressly stated that the period the applicants had spent in custody was taken into account when passing sentence. Therefore, the application seeking further inclusion of the custodial period in the computation of the 20-year jail term was not merited, as the issue had already been addressed at sentencing. The application was accordingly dismissed for want of merit.
Court Disposition
application dismissed
Orders
- The application filed on 5/11/2021 is dismissed for want of merit.
- The file is to be closed.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KERICHO
MISCELLANEOUS APPLICATION NO.E066 OF 2021
JANE CHEBET CHEPKWONY................................................................1ST APPLICANT
KENNEDY CHERUIYOT NGETICH......................................................2ND APPLICANT
VERSUS
REPUBLIC.....................................................................................................RESPONDENT
RULING
1. The Applicants filed a Notice of motion on 5/11/2021 which is undated seeking for inclusion of the period they stayed in custody in the computation of the 20 years jail term meted upon them on 21/11/2018.
2. Upon perusal of the original file, it is evident that the trial Judge took into account the period the two accused persons had been in custody while passing sentence.
3. Paragraph 13 of the judgment dated 21/11/2018 states as follows;
“I note that they (the Accused Persons) have been in custody for the last five, indeed six years and I take this period into consideration in passing sentence”.
4. I therefore find that the Application seeking inclusion of the said period the Accused were in custody in the computation of the jail term is not merited.
5. I accordingly dismiss the undated Application filed on 5/11/2021 for want of merit and I direct that the file be closed.
6. The original file No. Kericho HCR No.10/2013 to be returned back to the Registry.
DELIVERED, DATED AND SIGNED AT KERICHO THIS 25TH DAY OF MARCH 2022.
A. N. ONGERI
JUDGE