[2024] KEHC 1268 (KLR)
The court found that the applicant had spent eight months in custody before being released on bond and that this period was not considered at the time of sentencing. Section 333(2) of the Criminal Procedure Code mandates that any period spent in custody prior to sentencing must be taken into account when computing...
Source-derived case information.
- Citation
- [2024] KEHC 1268 (KLR)
- Parties
- Applicant: Daniel Kipkemoi Maritim; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E011 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Sentence Revision Under Section 333(2) of the Criminal Procedure Code
- Outcome
- application allowed
- Judges
- JK Sergon
- Legal Topics
- Sentencing, Pretrial Custody Credit, Murder, Penal Code Section 203, Penal Code Section 204
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Kipkemoi Maritim
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Sentence Revision Under Section 333(2) of the Criminal Procedure Code
Legal Issues
- 1 Whether the period spent in pretrial custody should be deducted from the applicant's sentence as required by section 333(2) of the Criminal Procedure Code.
Ratio Decidendi
The court found that the applicant had spent eight months in custody before being released on bond and that this period was not considered at the time of sentencing. Section 333(2) of the Criminal Procedure Code mandates that any period spent in custody prior to sentencing must be taken into account when computing the term of imprisonment. The court therefore ordered that the eight months be deducted from the original sentence of 30 years, resulting in a new sentence of 29 years and four months, effective from the date of original sentencing.
Court Disposition
application allowed
Orders
- The period of eight months spent in custody by the applicant prior to sentencing shall be deducted from the 30-year sentence.
- The new sentence is 29 years and four months, to run from 16th February, 2023.
Full Case Text
Judgment text and source record
23 paragraphs
Maritim v Republic (Miscellaneous Criminal Application E011 of 2023) [2024] KEHC 1268 (KLR) (15 February 2024) (Ruling)
Neutral citation: [2024] KEHC 1268 (KLR)
Republic of Kenya
In the High Court at Kericho
Miscellaneous Criminal Application E011 of 2023
JK Sergon, J
February 15, 2024
Between
Daniel Kipkemoi Maritim
Applicant
and
Republic
Respondent
Ruling
1. The Applicant was convicted and sentenced to 30 years imprisonment for the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the information dated 12th July, 2017 were that on the 7th day of July, 2017 at Chebigen Village in Kericho East District within Kericho County murdered Vincent Kipkurui Maritim.
2. The Applicant has made the instant application under section 333 (2) of the Criminal Procedure Code for inclusion of the period he was in custody prior to his sentence of 30 years imprisonment.
3. The prosecution did not oppose the said Application.
4. I have perused the Original Record which shows that the applicant made an application to be admitted to reasonable bail terms, the application was allowed and he was granted a bond of Kshs.200,000/= with one surety on 19th February, 2018 and was subsequently released on 8th March, 2018.
5. The applicant was first arraigned in Court on 12th July, 2017 and was released on 8th March, 2018 after posting bond, he spent a period of eight (8) months in custody. During sentencing on 16th February, 2023 this court did not take into consideration the time spent in custody.
6. I hereby direct that the 8 months be deducted from the jail term of 30 years.
7. The new sentence of 29 years four (4) months will start to run from 16th February, 2023.
Orders to issue accordingly.
DATED, SIGNED AND DELIVERED AT KERICHO THIS 15TH DAY OF FEBRUARY, 2024. J.K. SERGONJUDGEIn the presence of:C/Assistant – RutohProsecutor - KaranjaPetitioner – Present in Person