[2022] KEHC 14103 (KLR)
The court found that the appellant's oral application to withdraw his appeal was merited and allowed it. Further, applying Section 333(2) of the Criminal Procedure Code and relevant Court of Appeal decisions, the court held that the period the appellant spent in remand custody prior to sentencing must be credited...
Source-derived case information.
- Citation
- [2022] KEHC 14103 (KLR)
- Parties
- Appellant: William Kiprono Langat; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 2 of 2020
- Procedural Posture
- Criminal Appeal / Ruling on Oral Application to Withdraw Appeal and for Sentence Adjustment
- Outcome
- Appeal withdrawn; sentence adjusted to account for remand period.
- Judges
- AN Ongeri
- Legal Topics
- Sentencing Procedure, Remand Period Credit, Appeal Withdrawal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
William Kiprono Langat
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Oral Application to Withdraw Appeal and for Sentence Adjustment
Legal Issues
- 1 Whether the period the appellant spent in remand custody should be included in the computation of his sentence.
- 2 Whether the appellant's oral application to withdraw the appeal should be granted.
Ratio Decidendi
The court found that the appellant's oral application to withdraw his appeal was merited and allowed it. Further, applying Section 333(2) of the Criminal Procedure Code and relevant Court of Appeal decisions, the court held that the period the appellant spent in remand custody prior to sentencing must be credited towards his sentence. Accordingly, the court directed that the appellant's ten-year sentence should commence from the date he was first arraigned in court, October 29, 2018, rather than the date of sentencing, November 29, 2019. This ensures compliance with statutory and case law requirements that protect the rights of accused persons regarding time spent in custody before...
Court Disposition
Appeal withdrawn; sentence adjusted to account for remand period.
Orders
- The appellant's oral application to withdraw the appeal is allowed.
- The appellant's sentence of ten years shall commence from October 29, 2018, the date of first arraignment, instead of the date of sentencing.
Full Case Text
Judgment text and source record
23 paragraphs
Langat v Republic (Criminal Appeal 2 of 2020) [2022] KEHC 14103 (KLR) (14 October 2022) (Ruling)
Neutral citation: [2022] KEHC 14103 (KLR)
Republic of Kenya
In the High Court at Kericho
Criminal Appeal 2 of 2020
AN Ongeri, J
October 14, 2022
Between
William Kiprono Langat
Appellant
and
Republic
Respondent
Ruling
1. The appellant herein William Kiprono Langat made an oral Application on 22/9/2022 to withdraw his appeal and asked the court to include the period he was in remand in the sentence meted by the trial court.
2. Upon perusing the original record, I find that the accused person was first arraigned before court on October 29, 2018.
3. He was sentenced on November 29, 2019.
4. Section 333 (2) of the Criminal Procedure Codeprovides as follows regarding inclusion of the period an accused has been in custody. “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 account of the period spent in custody.”
5. The Court of Appeal in Bethwel Wilson Kibor v Republic (2009), eKLR, held as follows: - “By proviso to section 333(2) of Criminal Procedure Code where a person sentenced has been held in custody prior to such sentence, the sentence shall take account of the period spent in custody.”
6. In Ahamad Abolfathi Mohammed &another v Republic (2018), eKLR, the Court of Appeal stated as follows: - “The second is the failure by the court to take into account in a meaningful way, the period that the appellants had spent in custody as required by section 333(2) of the Criminal Procedure Code. By dint of section 333(2) of the Criminal Procedure Code, the court was obliged to take into account the period that they had spent in custody before they were sentenced. Although the learned judge stated that he had taken into account the period the appellants had been in custody, he ordered that their sentence shall take effect from the date of their conviction by the trial court. With respect, there is no evidence that the court took into account the period already spent by the appellants in custody.”
7. I find that the oral Application for inclusion of the period the Appellant was in custody is merited and I direct that his sentence of ten years starts to run from October 29, 2018and not October 29, 2019when he was sentenced.
8. His oral Application to withdraw the Appeal is also allowed as prayed.Orders to issue accordingly.
DELIVERED, DATED AND SIGNED AT KERICHO THIS 14TH DAY OF OCTOBER, 2022. A. N. ONGERIJUDGE