Langat v Republic [2023] KEHC 1264 (KLR)

Langat v Republic (Miscellaneous Criminal Application E015 of 2022) [2023] KEHC 1264 (KLR) (16 February 2023) (Ruling)

Neutral citation: [2023] KEHC 1264 (KLR)

Republic of Kenya

In the High Court at Kericho

Miscellaneous Criminal Application E015 of 2022

AN Ongeri, J

February 16, 2023

Between

Allan Kipkemoi Langat

Applicant

and

Republic

Respondent

Ruling

1. The applicant was sentence to 10 years imprisonment for the offence of manslaughter contrary to Section 202 as read with Section 205 of the Penal Code.

2. He appealed against the conviction and sentence and his appeal was dismissed on May 21, 2020.

3. The applicant has now applied to this court for inclusion of the period he was in custody prior to sentence in his sentence of 10 years imprisonment.

4. The original record is missing but the typed proceedings in the record of appeal, the applicant was granted a bond of Kshs 300,000/= with one surety but there is no indication from the record that he was even released on bond.

5. The applicant was first arraigned in Court on April 11, 2016 and he was sentence on January 16, 2017 after a period of 9 months.

6. I direct that the nine (9) months be deducted from the jail term of 10 years.

7. The sentence will start to run from April 11, 2016.

8Orders to issue accordingly.

DELIVERED, DATED AND SIGNED AT KERICHO THIS 16TH DAY OF FEBRUARY, 2023. A N ONGERIJUDGE