[2025] KEHC 16878 (KLR)
The court found that during sentencing in HCCR No.37 of 2016, it had already considered the period the applicant spent in custody prior to sentencing and factored it into the 8-year imprisonment term imposed. Therefore, there was no basis for further adjustment or inclusion of the pre-sentence custody period as...
Source-derived case information.
- Citation
- [2025] KEHC 16878 (KLR)
- Parties
- Applicant: Daniel Kimutai Kilel; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E006 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Inclusion of Pre Sentence Custody Period
- Outcome
- application dismissed
- Judges
- JK Sergon
- Legal Topics
- Sentencing Procedure, Pre Sentence Custody, Application of Section 333 2, Murder Offence, Penal Code Interpretation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Kimutai Kilel
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Inclusion of Pre Sentence Custody Period
Legal Issues
- 1 Whether the period spent in custody prior to sentencing should be included in the applicant's sentence under section 333(2) of the Criminal Procedure Code.
- 2 Whether the sentencing court considered the pre-sentence custody period when imposing the 8-year imprisonment term.
Ratio Decidendi
The court found that during sentencing in HCCR No.37 of 2016, it had already considered the period the applicant spent in custody prior to sentencing and factored it into the 8-year imprisonment term imposed. Therefore, there was no basis for further adjustment or inclusion of the pre-sentence custody period as sought by the applicant. The application was found to lack merit and was dismissed accordingly.
Court Disposition
application dismissed
Orders
- The application for inclusion of the period spent in custody prior to sentencing is dismissed.
Full Case Text
Judgment text and source record
20 paragraphs
Kilel v Republic (Miscellaneous Criminal Application E006 of 2024) [2025] KEHC 16878 (KLR) (6 February 2025) (Ruling)
Neutral citation: [2025] KEHC 16878 (KLR)
Republic of Kenya
In the High Court at Kericho
Miscellaneous Criminal Application E006 of 2024
JK Sergon, J
February 6, 2025
Between
Daniel Kimutai Kilel
Applicant
and
Republic
Respondent
Ruling
1. The Applicant was sentenced to 8 years imprisonment for the offence of Murder Contrary to Section 203 as read with Section 204 of the Penal Code CAP 63 vide HCCR No.37 of 2016.
2. The Applicant has made an application under section 333 (2) of the Criminal Procedure Code CAP 75 for inclusion of the period he was in custody prior to his sentence of 8 years imprisonment.
3. The prosecution did not oppose the said Application.
4. This court has perused the record and finds that there is no indication that the accused was ever released on bond. The applicant was first arraigned in Court on 21st November, 2016 and he was sentenced on 14th November, 2023 after a period of about 7 years.
5. However, it is the finding of this court that during sentencing, this court considered the time spent in custody and proceeded to sentence the applicant to 8 years imprisonment. In light of the foregoing, the application for inclusion of the period spent in custody prior to sentencing lacks merit.
DATED, SIGNED AND DELIVERED AT KERICHO THIS 6THDAY OF FEBRUARY, 2025. J.K. SERGONJUDGEIn the presence of:C/Assistant – RutohProsecutor – MaunduApplicant – Present in Person