[2023] KEHC 4016 (KLR)
The court found that the applicant was in custody for 2 years and 6 months prior to being sentenced for defilement. Although the record indicated the applicant was released on bond, there was no evidence he was ever actually released. Section 333(2) of the Criminal Procedure Code mandates that the period spent in...
Source-derived case information.
- Citation
- [2023] KEHC 4016 (KLR)
- Parties
- Applicant: Nicholas Kipngeno Koech; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E014 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Consideration of Pre Sentence Custody Period
- Outcome
- Application allowed. Period of pre-sentence custody to be deducted from sentence.
- Judges
- JK Sergon
- Legal Topics
- Sentencing, Pre Sentence Custody, Sexual Offences, Defilement, Sentence Deduction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nicholas Kipngeno Koech
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Consideration of Pre Sentence Custody Period
Legal Issues
- 1 Whether the period the applicant spent in custody prior to sentencing should be considered and deducted from the sentence imposed.
- 2 Whether the applicant was ever released on bond as per the record.
Ratio Decidendi
The court found that the applicant was in custody for 2 years and 6 months prior to being sentenced for defilement. Although the record indicated the applicant was released on bond, there was no evidence he was ever actually released. Section 333(2) of the Criminal Procedure Code mandates that the period spent in custody before sentencing must be deducted from the sentence imposed. The court therefore allowed the application and ordered that the 2 years and 6 months served in custody be deducted from the 15-year sentence, with the sentence to run from the date of first arraignment, April 13, 2015.
Court Disposition
Application allowed. Period of pre-sentence custody to be deducted from sentence.
Orders
- The 2 years and 6 months served in custody shall be deducted from the 15-year sentence.
- The sentence shall be deemed to have commenced on April 13, 2015.
Full Case Text
Judgment text and source record
24 paragraphs
Koech v Republic (Miscellaneous Criminal Application E014 of 2022) [2023] KEHC 4016 (KLR) (4 May 2023) (Ruling)
Neutral citation: [2023] KEHC 4016 (KLR)
Republic of Kenya
In the High Court at Kericho
Miscellaneous Criminal Application E014 of 2022
JK Sergon, J
May 4, 2023
Between
Nicholas Kipngeno Koech
Applicant
and
Republic
Respondent
Ruling
1. The Applicant was sentenced to 15 years imprisonment for the offence of Defilement Contrary to Section 8(1) as read with Section 8(4) of Sexual Offences Act No 3 of 2006.
2. The Applicant has made an application under section 333(2) of theCriminal Procedure Code for inclusion of the period he was in custody prior to his sentence of 15 years imprisonment.
3. The prosecution did not oppose the said Application.
4. The Original Record is missing but the typed proceedings in the record of appeal shows that the applicant was released upon signing a bond of Kshs 100,000/= with one surety on April 13, 2015 but there is no indication from the record that he was ever released on bond.
5. The applicant was first arraigned in Court on April 13, 2015 and he was sentenced on October 31, 2017 after remaining in custody for a period of 2 years and 6 months.
6. I find the Applicant’s Application to be meritorious. I allow the application seeking to factor in the period served in custody before pronouncing the sentence
7. I direct that the 2 years and 6 months served in custody should be deducted from the jail term of 15 years.
8. The sentence will start to run as from April 13, 2015.
9Orders to issue accordingly.
DATED, SIGNED AND DELIVERED AT KERICHO THIS 4TH DAY OF MAY, 2023. J.K. SERGONJUDGEIn the presence of:C/Assistant - RutohMr. Musyoki for the RespondentApplicant – Present in Person