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Sigei v Republic (Miscellaneous Criminal Application E013 of 2022) [2022] KEHC 16536 (KLR) (16 December 2022) (Ruling)
Neutral citation:
[2022] KEHC 16536 (KLR)
Republic of Kenya
Miscellaneous Criminal Application E013 of 2022
AN Ongeri, J
December 16, 2022
Between
Dennis Kipkemoi Sigei
Applicant
and
Republic
Respondent
Ruling
1.The applicant Dennis Kipkemoi Sigeiwas sentenced to 10 years imprisonment on September 14, 2021 for the offence of grievous harm contrary to section 234 of the Penal Code.
2.The applicant has now applied to this court for inclusion of the period he was remanded in custody in the computation of the sentence.
3.The proviso of section 333 (2) of the Criminal Procedure Code cap 75 requires that the period a person has been incarcerated be included in the computation of the sentence.Section 333(2) of the Criminal Procedure Code provides;
4.The proviso to section 333 (2) is coached in mandatory terms and therefore courts of law are obligated to take into account the period which an accused has been held in custody prior to being sentenced in computing the period of the sentence.
5.The Court of Appeal in Ahamad Abolfathi Mohammed & another v Republic [2018] eKLR faulted the trial court for failing to take into account in a meaningful way, the period that the appellants had spent in custody as required by section 333(2) of Criminal Procedure Code. The court held as follows;
6.In the case of Bethwel Wilson Kibor v Republic [2009] eKLR the Court of Appeal expressed itself as follows;
7.In the case of Vincent Sila Jona & 87 others v Kenya Prison Service & 2 others [2021] eKLR Odunga, J (as he then was) stated as follows;
8.This duty is also contained in the Judiciary Sentencing Policy Guidelines (under clauses 7.10 and 7.11) which provides as follows;
9.The accused person was first arraigned in court on June 19, 2020 and he was sentenced on September 14, 2021.
10.In the case of Vincent Sila Jona (supra) the court held that section 333(2) applies to the original sentence as well as the sentence imposed during resentencing.
11.I hereby allow the application by the applicant and I direct that the period of 10 years imprisonment starts to run from June 19, 2020 and not the date he was sentenced. Orders to issue accordingly.
DELIVERED, SIGNED AND DATED AT KERICHO THIS 16TH DAY OF DECEMBER 2022.AN ONGERIJUDGE
