[2025] KEHC 9595 (KLR)

[2025] KEHC 9595 (KLR)

The court found that the applicant had demonstrated sufficient cause for failing to file an appeal within the prescribed 14 days, including not receiving court proceedings in time. The court also held that, pursuant to section 333(2) of the Criminal Procedure Code, the applicant is entitled to have the period spent...

Source-derived case information.

Citation
[2025] KEHC 9595 (KLR)
Parties
Applicant: Brian Kipkorir; Respondent: Republic
Court
High Court
Court Station
High Court at Eldoret
Jurisdiction
Kenya
Judgment Date
4 July 2025
Case Number
Criminal Miscellaneous Application E135 of 2024
Procedural Posture
Criminal Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time and Computation of Sentence
Outcome
Application allowed.
Judges
RN Nyakundi
Legal Topics
Sentencing Credit, Remand Custody, Leave to Appeal Out of Time
Source Language
english
Criminal Law Sentencing Credit Remand Custody Leave to Appeal Out of Time

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Summary, issues, holding and outcome

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Parties

Brian Kipkorir

Applicant

Republic

Respondent

Procedural Posture

Criminal Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time and Computation of Sentence

Legal Issues

  1. 1 Whether the applicant is entitled to a fresh computation of sentence to include time spent in remand custody.
  2. 2 Whether leave should be granted to the applicant to file an appeal out of time.

Ratio Decidendi

The court found that the applicant had demonstrated sufficient cause for failing to file an appeal within the prescribed 14 days, including not receiving court proceedings in time. The court also held that, pursuant to section 333(2) of the Criminal Procedure Code, the applicant is entitled to have the period spent in remand custody considered in the computation of his sentence. The court granted leave to appeal out of time and directed that the committal warrant be amended to discount the period spent in remand custody.

Court Disposition

Application allowed.

Orders

  • Leave is granted to the applicant to file an appeal out of time.
  • The Deputy Registrar is directed to avail the typed proceedings within 14 days to enable the applicant to file his appeal.