[2022] KEHC 14668 (KLR)
The court found that the appellant was in custody for eight months prior to being sentenced to 10 years imprisonment. Applying Section 333(2) of the Criminal Procedure Code, the court held that this period must be deducted from the total sentence. Consequently, the sentence was ordered to commence from the date the...
Source-derived case information.
- Citation
- [2022] KEHC 14668 (KLR)
- Parties
- Appellant: Victor Kipkurui Koskei; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 15 of 2020
- Procedural Posture
- Criminal Appeal / Ruling on Sentence Computation Post Appeal Dismissal
- Outcome
- Application allowed. Period in custody to be deducted from sentence.
- Judges
- AN Ongeri
- Legal Topics
- Sentencing Computation, Pretrial Custody Credit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Victor Kipkurui Koskei
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Sentence Computation Post Appeal Dismissal
Legal Issues
- 1 Whether the period spent in pretrial custody should be deducted from the appellant's sentence of 10 years imprisonment.
Ratio Decidendi
The court found that the appellant was in custody for eight months prior to being sentenced to 10 years imprisonment. Applying Section 333(2) of the Criminal Procedure Code, the court held that this period must be deducted from the total sentence. Consequently, the sentence was ordered to commence from the date the appellant was first arraigned in court, ensuring that the time already served in custody is credited towards the sentence. This approach upholds the statutory requirement and prevents double punishment for the same period of incarceration.
Court Disposition
Application allowed. Period in custody to be deducted from sentence.
Orders
- The period of eight months spent in custody before sentencing shall be deducted from the 10-year jail term.
- The sentence of 10 years imprisonment shall commence from June 6, 2019, the date of first arraignment, not from February 13, 2020.
Full Case Text
Judgment text and source record
20 paragraphs
Koskei v Republic (Criminal Appeal 15 of 2020) [2022] KEHC 14668 (KLR) (28 October 2022) (Ruling)
Neutral citation: [2022] KEHC 14668 (KLR)
Republic of Kenya
In the High Court at Kericho
Criminal Appeal 15 of 2020
AN Ongeri, J
October 28, 2022
Between
Victor Kipkurui Koskei
Appellant
and
Republic
Respondent
Ruling
1. The appellant made an oral application inclusion of the period he was in custody in his sentence of 10 years imprisonment.
2. The appeal by the appellant against the conviction and sentence was dismissed on October 14, 2022.
3. I have perused the record and it is clear that the appellant was first arraigned in court on June 6, 2019 and sentence to 10 years imprisonment on February 13, 2020 after a period of eight (8) months.
4. I direct that the period of eight (8) months be deducted from the 10 years jail term.
5. The sentence of 10 years will start from June 6, 2019 and not from February 13, 2020. Orders to issue accordingly.
DELIVERED, DATED AND SIGNED AT KERICHO THIS 28TH DAY OF OCTOBER, 2022. A N ONGERIJUDGE