Ngeno v Republic [2023] KEHC 23734 (KLR)

Ngeno v Republic (Miscellaneous Criminal Application E024 of 2022) [2023] KEHC 23734 (KLR) (17 October 2023) (Ruling)

Neutral citation: [2023] KEHC 23734 (KLR)

Republic of Kenya

In the High Court at Kericho

Miscellaneous Criminal Application E024 of 2022

JK Sergon, J

October 17, 2023

Between

Nehemiah Kiplangat Ngeno

Applicant

and

Republic

Respondent

Ruling

1. The Applicant was sentenced to 20 years imprisonment for the offence of Defilement Contrary to Section 8(1) as read with Section 8(4) of Sexual Offences Act No 3 of 2006.

2. The Applicant has made an application under section 333(2) of the Criminal Procedure Code for inclusion of the period he was in custody prior to his sentence of 20 years imprisonment.

3. The prosecution urged the court to peruse the original file since review applications are for petty offences but the applicant committed a serious offence.

4. Upon perusing both the Original Record and the typed proceedings contained in the lower court file SO Case No 55 of 2023 it is evident that the applicant was granted a bond of Kshs 100,000/= with one surety on October 23rd October, 2013 but there is no indication from the record that he was ever released on bond.

5. The applicant was first arraigned in Court on October 23, 2013 and he was sentenced on October 10, 2014 after a period of 1 year

6. I direct that the 1 year period be deducted from the jail term of 20 years.

7. The sentence of 19 years will start to run from the date of sentence i e on October 10, 2014.

DATED, SIGNED AND DELIVERED THIS 17TH DAY OF OCTOBER, 2023. ……………J.K. SERGONJUDGEIn the presence of:Prosecutor – Mr. MusyokiApplicant – Present in Person