[2023] KEHC 1264 (KLR)
The court found that the applicant was in custody for nine months prior to being sentenced, as there was no evidence he was released on bond. Applying Section 333(2) of the Criminal Procedure Code, the court held that this period must be deducted from the 10-year sentence imposed for manslaughter. Accordingly, the...
Source-derived case information.
- Citation
- [2023] KEHC 1264 (KLR)
- Parties
- Applicant: Allan Kipkemoi Langat; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E015 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Inclusion of Pre Sentence Custody Period
- Outcome
- Application allowed. Nine months spent in custody prior to sentencing to be deducted from the 10-year sentence. Sentence to run from April 11, 2016.
- Judges
- AN Ongeri
- Legal Topics
- Sentencing, Pre Sentence Custody, Manslaughter, Penal Code Section 202, Penal Code Section 205
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Allan Kipkemoi Langat
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Inclusion of Pre Sentence Custody Period
Legal Issues
- 1 Whether the period the applicant spent in custody prior to sentencing should be included in the computation of his 10-year imprisonment term.
- 2 Whether the sentence should be deemed to have commenced from the date of first arraignment.
Ratio Decidendi
The court found that the applicant was in custody for nine months prior to being sentenced, as there was no evidence he was released on bond. Applying Section 333(2) of the Criminal Procedure Code, the court held that this period must be deducted from the 10-year sentence imposed for manslaughter. Accordingly, the sentence was ordered to run from the date of first arraignment, April 11, 2016, ensuring the applicant receives credit for time already served in custody before sentencing.
Court Disposition
Application allowed. Nine months spent in custody prior to sentencing to be deducted from the 10-year sentence. Sentence to run from April 11, 2016.
Orders
- Nine months to be deducted from the 10-year jail term.
- Sentence to commence from April 11, 2016.
Full Case Text
Judgment text and source record
23 paragraphs
Langat v Republic (Miscellaneous Criminal Application E015 of 2022) [2023] KEHC 1264 (KLR) (16 February 2023) (Ruling)
Neutral citation: [2023] KEHC 1264 (KLR)
Republic of Kenya
In the High Court at Kericho
Miscellaneous Criminal Application E015 of 2022
AN Ongeri, J
February 16, 2023
Between
Allan Kipkemoi Langat
Applicant
and
Republic
Respondent
Ruling
1. The applicant was sentence to 10 years imprisonment for the offence of manslaughter contrary to Section 202 as read with Section 205 of the Penal Code.
2. He appealed against the conviction and sentence and his appeal was dismissed on May 21, 2020.
3. The applicant has now applied to this court for inclusion of the period he was in custody prior to sentence in his sentence of 10 years imprisonment.
4. The original record is missing but the typed proceedings in the record of appeal, the applicant was granted a bond of Kshs 300,000/= with one surety but there is no indication from the record that he was even released on bond.
5. The applicant was first arraigned in Court on April 11, 2016 and he was sentence on January 16, 2017 after a period of 9 months.
6. I direct that the nine (9) months be deducted from the jail term of 10 years.
7. The sentence will start to run from April 11, 2016.
8Orders to issue accordingly.
DELIVERED, DATED AND SIGNED AT KERICHO THIS 16TH DAY OF FEBRUARY, 2023. A N ONGERIJUDGE