Chelule & another v Republic [2022] KEHC 10432 (KLR)

Chelule & another v Republic (Miscellaneous Criminal Application E004 of 2022) [2022] KEHC 10432 (KLR) (17 June 2022) (Ruling)

Neutral citation: [2022] KEHC 10432 (KLR)

Republic of Kenya

In the High Court at Kericho

Miscellaneous Criminal Application E004 of 2022

AN Ongeri, J

June 17, 2022

Between

David Kiplangat Chelule

1st Applicant

Dennis Kipkurui Kigen

2nd Applicant

and

Republic

Respondent

Ruling

1. The Applicant herein David Kiplangat Chelule And Dennis Kipkurui Kigen (hereafter referred to as the Applicants) was sentenced to 20 years imprisonment for the offence of murder contrary to section 203 as read with section 204 of the Penal Code.

2. The Applicant was first arraigned in court on 11/3/2016 and was sentenced to 20 years imprisonment on 13/6/2019 after a period of 3 years and 3 months in custody.

3. The Applicant is now seeking to have the period that he was in custody deducted from the term of twenty years imprisonment.

4. The Application filed on 5/1/2022 be and is hereby allowed.

5. The sentence to start running from 11/3/2016 and not on 13/6/2019 orders to issue accordingly.

6. The orders herein should abide in HCCR MISC. Criminal Application No. E001 of 2022 Dennis Kipkurui Kigen alias Killing versus Republic.

DELIVERED, DATED AND SIGNED AT KERICHO THIS 17TH DAY OF JUNE 2022. A. N. ONGERIJUDGE