[2023] KEHC 21322 (KLR)
The court held that section 333(2) of the Criminal Procedure Code requires that any period spent in custody prior to sentencing must be taken into account when computing the term of imprisonment. The applicant was arrested on November 30, 2011, and sentenced on November 22, 2018. The court found that the applicant's...
Source-derived case information.
- Citation
- [2023] KEHC 21322 (KLR)
- Parties
- Applicant: Simon Kibet Kimitei; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 204 of 2021
- Procedural Posture
- Miscellaneous Criminal Application / Sentence Review Ruling
- Outcome
- Application allowed to the extent that the sentence shall run from November 30, 2011.
- Judges
- RN Nyakundi
- Legal Topics
- Sentence Review, Remand Custody Credit, Murder Conviction, Penal Code Section 204
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Simon Kibet Kimitei
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Sentence Review Ruling
Legal Issues
- 1 Whether the applicant is entitled to have the period spent in remand custody considered in the computation of his sentence under section 333(2) of the Criminal Procedure Code.
- 2 Whether the applicant's sentence should be reviewed to run from the date of his arrest.
Ratio Decidendi
The court held that section 333(2) of the Criminal Procedure Code requires that any period spent in custody prior to sentencing must be taken into account when computing the term of imprisonment. The applicant was arrested on November 30, 2011, and sentenced on November 22, 2018. The court found that the applicant's sentence should be deemed to have commenced from the date of his arrest, thereby crediting him for the period spent in remand custody. The application for sentence review was allowed to this extent, and the sentence was ordered to run from November 30, 2011.
Court Disposition
Application allowed to the extent that the sentence shall run from November 30, 2011.
Orders
- The applicant's sentence shall be considered to run from November 30, 2011.
Full Case Text
Judgment text and source record
18 paragraphs
Kimitei v Republic (Miscellaneous Criminal Application 204 of 2021) [2023] KEHC 21322 (KLR) (10 August 2023) (Ruling)
Neutral citation: [2023] KEHC 21322 (KLR)
Republic of Kenya
In the High Court at Eldoret
Miscellaneous Criminal Application 204 of 2021
RN Nyakundi, J
August 10, 2023
Between
Simon Kibet Kimitei
Applicant
and
Republic
Respondent
Ruling
Coram: Before Hon. Justice R. NyakundiMr. Mugun for the State 1. The applicant approached this court vide a notice of motion filed on September 6, 2021 seeking to have the time he spent in remand custody considered as stipulated under section 333(2) of the Criminal Procedure Code. 2. The applicant was charged and convicted of the offence of murder contrary to section 203 as read with section 204 of the Penal Code. he was sentenced to serve 20 years’ imprisonment on November 22, 2018. He elected to withdraw his appeal and file the present petition for sentence review.
3. The application is expressed to be brought under section 333(1) of the Criminal Procedure Code. The applicant urged that he was arrested on November 30, 2011 and arraigned in court for sentencing on November 23, 2018. He submitted that he was remorseful and repentant and further, that he was a first offender with a family depending on him. He urged the court to consider allowing the application and giving him a non-custodial sentence.Section 333(2) of the Criminal Procedure Code provides as follows:-“Subject to the provisions of section 38 of the Penal Code (Cap 63), every sentence shall be deemed to commence from, and to include the whole of the day of, the date on which it was pronounced, except where otherwise provided in this Code.Provided that where the person sentenced under subsection (1) has, prior to such sentence, been held in custody, the sentence shall take into account of the period spent in custody.”
4. Upon consideration of the application, it is my considered view that the application succeeds to the extent that the sentence of the applicant shall be considered to run from November 30, 2011. It is so ordered.
DELIVERED, DATED AND SIGNED AT ELDORET ON THIS 10TH DAY OF AUGUST 2023. ……………R. NYAKUNDIJUDGE