[2025] KEHC 4348 (KLR)
The court found that the applicant's request to have the period spent in remand custody considered under section 333(2) of the Criminal Procedure Code had already been heard and determined by the same court on 11 April 2024. As such, the doctrine of res judicata applied, barring the applicant from re-litigating the...
Source-derived case information.
- Citation
- [2025] KEHC 4348 (KLR)
- Parties
- Applicant: Laban Kirwa alias Thomas Kipkorir Sang; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Petition E060 of 2023
- Procedural Posture
- Criminal Petition / Ruling on Application for Consideration of Remand Period Under Section 333(2) of the Criminal Procedure Code
- Outcome
- Application dismissed as res judicata.
- Judges
- RN Nyakundi
- Legal Topics
- Sentencing, Remand Custody, Section 333 2 Criminal Procedure Code
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Laban Kirwa alias Thomas Kipkorir Sang
Applicant
Republic
Respondent
Procedural Posture
Criminal Petition / Ruling on Application for Consideration of Remand Period Under Section 333(2) of the Criminal Procedure Code
Legal Issues
- 1 Whether the applicant is entitled to have the period spent in remand custody considered and deducted from his sentence under section 333(2) of the Criminal Procedure Code.
- 2 Whether the application is res judicata, having been previously determined by the court.
Ratio Decidendi
The court found that the applicant's request to have the period spent in remand custody considered under section 333(2) of the Criminal Procedure Code had already been heard and determined by the same court on 11 April 2024. As such, the doctrine of res judicata applied, barring the applicant from re-litigating the same issue. The application was therefore dismissed as being res judicata.
Court Disposition
Application dismissed as res judicata.
Orders
- The application is dismissed as being res judicata.
Full Case Text
Judgment text and source record
18 paragraphs
Kirwa alias Thomas Kipkorir Sang v Republic (Criminal Petition E060 of 2023) [2025] KEHC 4348 (KLR) (4 April 2025) (Ruling)
Neutral citation: [2025] KEHC 4348 (KLR)
Republic of Kenya
In the High Court at Eldoret
Criminal Petition E060 of 2023
RN Nyakundi, J
April 4, 2025
IN THE MATTER OF APPLICATION OF THE PERIOD SPENT IN REMAND CUSTODY PURSUANT TO SECTION 333(2) OF THE CRIMINAL PROCEDURE CODE CAP 75 LAWS OF KENYA
Between
Laban Kirwa alias Thomas Kipkorir Sang
Applicant
and
Republic
Prosecutor
Ruling
1. The Applicant in his notice of motion seeks the following orders:a.That the petition is seeking for his sentence to commence from the time hew was placed in pre-trial custody 5th April 2022b.That the Petitioner is praying to be present during the hearing and determination and which application is supported by the annexed affidavit of Laban Kirwa Alias Thomas Kipkorir Sang:a.That I was charged with an offence of obtaining money by false pretence c/section 313 of the penal code and sentenced to serve 3 years by CM’s court Eldoret in Case No 5144 of 2018b.That I was arraigned in court on 5. 4.2022 and was convicted and sentenced on 5. 4.2023 by CM’s Court Eldoretc.That during the sentence the time spent in remand custody was not factored in which was one year (1. 4.2021 – 5. 4.2023)d.That today 10th August 2023 I am petitioning the honourable court to kindly consider my petition to reduce the time spent in pre-trial custody from my 3 years sentence.
2. This application was heard and determined by this court on 11. 4.2024 by this court. Its therefore dismissed as being res judicata. Its so ordered.
DATED, SIGNED AND DELIVEED AT ELDORET THIS 4THDAY OF APRIL 2025…………………………………….R. NYAKUNDIJUDGE