1. Nicholas Kipyegon Bett, the Applicant herein was tried and convicted for the offence of Gang Rape Contrary to Section 10 of the Sexual Offences Act No 3 of 2006. The Applicant was on 19 th December, 2006 sentenced to serve 15 years imprisonment.
2. The Applicant is now before this Court beseeching this Court to include the period he spent in custody in the sentence.
3. Miss Maundu, Learned Assistant Director of Public Prosecution did not oppose the Application.
4. This Court has perused the proceedings in Kericho C.M.C Sexual Offence Case No.43 of 2015 – Republic -vs- Nicholas Kipyegon Bett and it is clear that the Applicant was held in Custody for a period of 1 year 5 months. The proviso to Section 333 (2) of the Criminal Procedure Code is clear that the time spent in custody must be factored while pronouncing the sentence.
5. This Court hereby directs that a period of 1 year 5 months spent in custody be deducted from the sentence of 15 years pronounced on 19 th December, 2015.
6. Consequently, the Applicant namely:- Nicholas Kipyegon Bett should therefore serve 13 years 7 months from the date of sentence that is 19 th December, 2016.
Dated, signed and delivered at Kericho this 4 th day of December, 2025.
.……………………………
J. K. SERGON
JUDGE
In the Presence of :-
C/Assistant – Rutoh
Prosecutor – Chelangat
Applicant – Present in Person
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2. The Applicant is now before this Court beseeching this Court to include the period he spent in custody in the sentence.
3. Miss Maundu, Learned Assistant Director of Public Prosecution did not oppose the Application.
4. This Court has perused the proceedings in Kericho C.M.C Sexual Offence Case No.43 of 2015 – Republic -vs- Nicholas Kipyegon Bett and it is clear that the Applicant was held in Custody for a period of 1 year 5 months. The proviso to Section 333 (2) of the Criminal Procedure Code is clear that the time spent in custody must be factored while pronouncing the sentence.
5. This Court hereby directs that a period of 1 year 5 months spent in custody be deducted from the sentence of 15 years pronounced on 19 th December, 2015.
6. Consequently, the Applicant namely:- Nicholas Kipyegon Bett should therefore serve 13 years 7 months from the date of sentence that is 19 th December, 2016.
Dated, signed and delivered at Kericho this 4 th day of December, 2025.
.……………………………
J. K. SERGON
JUDGE
In the Presence of :-
C/Assistant – Rutoh
Prosecutor – Chelangat
Applicant – Present in Person
1 | Page