[2025] KEHC 2268 (KLR)
The court found that during sentencing, it had already considered the period the applicant spent in custody before imposing the 15-year imprisonment term. As such, the application for further inclusion of the pre-sentence custody period was without merit and could not be granted. The rationale is that section 333(2)...
Source-derived case information.
- Citation
- [2025] KEHC 2268 (KLR)
- Parties
- Applicant: Dennis Kiplangat Rop; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E019 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling
- Outcome
- application dismissed
- Judges
- JK Sergon
- Legal Topics
- Sentencing, Pretrial Custody, Murder, Application Under Section 333 2, Penal Code, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Dennis Kiplangat Rop
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling
Legal Issues
- 1 Whether the period spent in custody prior to sentencing should be included in the applicant's 15-year imprisonment term under section 333(2) of the Criminal Procedure Code.
Ratio Decidendi
The court found that during sentencing, it had already considered the period the applicant spent in custody before imposing the 15-year imprisonment term. As such, the application for further inclusion of the pre-sentence custody period was without merit and could not be granted. The rationale is that section 333(2) of the Criminal Procedure Code is satisfied where the sentencing court has demonstrably factored in the time spent in custody, and a second application on the same ground is not sustainable.
Court Disposition
application dismissed
Orders
- The application for inclusion of the period spent in custody is dismissed.
Full Case Text
Judgment text and source record
20 paragraphs
Rop v Republic (Miscellaneous Criminal Application E019 of 2024) [2025] KEHC 2268 (KLR) (6 February 2025) (Ruling)
Neutral citation: [2025] KEHC 2268 (KLR)
Republic of Kenya
In the High Court at Kericho
Miscellaneous Criminal Application E019 of 2024
JK Sergon, J
February 6, 2025
Between
Dennis Kiplangat Rop
Applicant
and
Republic
Respondent
Ruling
1. The Applicant was sentenced to 15 years imprisonment for the offence of Murder Contrary to Section 203 as read with Section 204 of the Penal Code CAP 63 vide HCCR No. 30 of 2016.
2. The Applicant has made an application under section 333 (2) of the Criminal Procedure Code CAP 75 for inclusion of the period he was in custody prior to his sentence of 15 years imprisonment.
3. The prosecution opposed the said application, the learned prosecutor contended that this court considered the time spent in custody during sentencing and therefore the instant application ought to be dismissed.
4. This court has perused the record and finds that the accused was arrested on 5th September, 2016, two months later, on 9th November, 2016 he was released on bond. This court subsequently released the surety on 20th July, 2020 and the accused remanded to custody. The accused was in custody for a period of 3 years and 4 months during trial.
5. However, it is the finding of this court that during sentencing, this court considered the time spent in custody and proceeded to sentence the applicant to 15 years imprisonment. Therefore, the application for inclusion of the period spent in custody lacks merit.
DATED, SIGNED AND DELIVERED AT KERICHO THIS 6THDAY OF FEBRUARY, 2025. J.K. SERGONJUDGEIn the presence of:C/Assistant – RutohP/Counsel – MaunduApplicant – Present in Person