Jane Chebet Chepkwony & Kennedy Cheruiyot Ngetich v Republic [2022] KEHC 864 (KLR)

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