Case Metadata |
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| Case Number: | Miscellaneous Application E066 of 2021 |
|---|---|
| Parties: | Jane Chebet Chepkwony & Kennedy Cheruiyot Ngetich v Republic |
| Date Delivered: | 25 Mar 2022 |
| Case Class: | Criminal |
| Court: | High Court at Kericho |
| Case Action: | Ruling |
| Judge(s): | Asenath Nyaboke Ongeri |
| Citation: | Jane Chebet Chepkwony & another v Republic [2022] eKLR |
| Court Division: | Criminal |
| County: | Kericho |
| Case Outcome: | Application dismissed |
| Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KERICHO
MISCELLANEOUS APPLICATION NO.E066 OF 2021
JANE CHEBET CHEPKWONY................................................................1ST APPLICANT
KENNEDY CHERUIYOT NGETICH......................................................2ND APPLICANT
VERSUS
REPUBLIC.....................................................................................................RESPONDENT
RULING
1. The Applicants filed a Notice of motion on 5/11/2021 which is undated seeking for inclusion of the period they stayed in custody in the computation of the 20 years jail term meted upon them on 21/11/2018.
2. Upon perusal of the original file, it is evident that the trial Judge took into account the period the two accused persons had been in custody while passing sentence.
3. Paragraph 13 of the judgment dated 21/11/2018 states as follows;
“I note that they (the Accused Persons) have been in custody for the last five, indeed six years and I take this period into consideration in passing sentence”.
4. I therefore find that the Application seeking inclusion of the said period the Accused were in custody in the computation of the jail term is not merited.
5. I accordingly dismiss the undated Application filed on 5/11/2021 for want of merit and I direct that the file be closed.
6. The original file No. Kericho HCR No.10/2013 to be returned back to the Registry.
DELIVERED, DATED AND SIGNED AT KERICHO THIS 25TH DAY OF MARCH 2022.
A. N. ONGERI
JUDGE
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