[2023] KEHC 26674 (KLR)
The court found that the applicant was in pretrial custody for two years before being sentenced for robbery with violence. Upon resentencing to nine years' imprisonment, the learned Chief Magistrate failed to deduct the two years already served in custody. Section 333(2) of the Criminal Procedure Code mandates that...
Source-derived case information.
- Citation
- [2023] KEHC 26674 (KLR)
- Parties
- Applicant: Peter Cheruiyot Rugut; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E014 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Sentence Review Under Section 333(2) of the Criminal Procedure Code
- Outcome
- Application allowed. Two years spent in pretrial custody to be deducted from the nine-year sentence.
- Judges
- JK Sergon
- Legal Topics
- Resentencing, Robbery With Violence, Custodial Sentence Deduction, Pretrial Custody, Section 333 2 Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Cheruiyot Rugut
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Sentence Review 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 resentenced term of imprisonment under section 333(2) of the Criminal Procedure Code.
Ratio Decidendi
The court found that the applicant was in pretrial custody for two years before being sentenced for robbery with violence. Upon resentencing to nine years' imprisonment, the learned Chief Magistrate failed to deduct the two years already served in custody. Section 333(2) of the Criminal Procedure Code mandates that such pretrial custody must be considered and deducted from the sentence. The court therefore ordered that the two years be deducted from the nine-year term, ensuring compliance with statutory requirements and upholding the applicant's rights.
Court Disposition
Application allowed. Two years spent in pretrial custody to be deducted from the nine-year sentence.
Orders
- The two years spent in custody prior to conviction shall be deducted from the applicant's nine-year sentence.
Full Case Text
Judgment text and source record
23 paragraphs
Rugut v Republic (Miscellaneous Criminal Application E014 of 2023) [2023] KEHC 26674 (KLR) (13 December 2023) (Ruling)
Neutral citation: [2023] KEHC 26674 (KLR)
Republic of Kenya
In the High Court at Kericho
Miscellaneous Criminal Application E014 of 2023
JK Sergon, J
December 13, 2023
Between
Peter Cheruiyot Rugut
Applicant
and
Republic
Respondent
Ruling
1. The Applicant was sentenced to death upon conviction for the offence of robbery with violence contrary to section 296 (2) of the Penal Codecap 63 Laws of Kenya on 7th September, 2011 by the trial court. The death sentence was commuted to life imprisonment.
2. The applicant lodged several appeals in which his conviction and sentence were upheld and he subsequently exhausted all appeal channels.
3. The applicant applied for resentencing and his sentence was reviewed downwards to nine (9) years on 25th November, 2019 by the Learned Chief Magistrate Honourable S.M. Mokua.
4. The Applicant has made an application under section 333(2) of the Criminal Procedure Code cap 75 Laws of Kenya for inclusion of the period he was in custody awaiting trial to be deducted from the nine (9) years imprisonment.
5. The prosecution did not oppose the said Application.
6. The Original Record is missing but the typed proceedings in the record of appeal shows that the trial court vide a ruling dated 9th June, 2016 declined to release the applicant on bail based on the gravity of the offence, evidence already on record and the severity of the sentence to be meted out for the offence, in the said ruling it was noted that the court was apprehensive that if the applicant were to be released on reasonable bail terms, he would not turn up for trial.
7. The applicant was first arraigned in Court on 27th August, 2009, he was denied bail and subsequently sentenced on 7th September, 2011, after a period of two (2) years, I find that the Learned Chief Magistrate did not take into account the two (2) years the applicant spent in custody during the trial in the resentencing proceedings
8. I hereby direct that the two (2) years be deducted from the jail term of nine (9) years. Orders to issue accordingly.
DATED, SIGNED AND DELIVERED AT KERICHO THIS 13TH DAY OF DECEMBER, 2023. .................J.K. SERGONJUDGEIn the presence of:C/Assistant – RutohProsecutor – Mr. MusyokiAccused – Present in Person