https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12338
The High Court found that the applicant was in custody during trial and that the trial court failed to show compliance with the mandatory requirement to consider time spent in custody. The sentence was therefore ordered to run from the date of arrest, 21st August 2022.
Source-derived case information.
- Citation
- [2026] KEHC 12338 (KLR)
- Parties
- Applicant: ABUBAKAR RAGA; Respondent: ODPP
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E011 of 2026
- Procedural Posture
- High Court Criminal Revision / Ruling on Application for Revision of Sentence Commencement Date
- Outcome
- Application allowed in part by revision.
- Judges
- ["JN Njagi"]
- Legal Topics
- Section 333(2) Criminal Procedure Code Time Spent in Custody, Sexual Offences Act, Indecent Act With a Child, Custodial Sentence Computation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
ABUBAKAR RAGA
Applicant
ODPP
Respondent
Procedural Posture
High Court Criminal Revision / Ruling on Application for Revision of Sentence Commencement Date
Legal Issues
- 1 Whether the applicant’s sentence should be deemed to commence from the date spent in custody before conviction and sentencing.
- 2 Whether the trial court erred by failing to account for time spent in custody when sentencing.
Ratio Decidendi
The High Court found that the applicant was in custody during trial and that the trial court failed to show compliance with the mandatory requirement to consider time spent in custody. The sentence was therefore ordered to run from the date of arrest, 21st August 2022.
Court Disposition
Application allowed in part by revision.
Orders
- The sentence imposed on the applicant shall commence from 21st August 2022.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA** **AT GARSEN** **HIGH COURT CRIMINAL REVISION CASE NO.E011 OF 2026** **ABUBAKAR RAGA……….…….………………….………. APPLICANT** **VERSUS** **ODPP………..……………………..…………..…….…….RESPONDENT** **RULING** 1. The Applicant has filled an undated application seeking for the time spent in custody be considered in his 10 years imprisonment for its offence of committing an indecent act with a child Contrary to Section 11 (2) of the Sexual Offences Act. 2. The application is based on the ground that the applicant was arrested on 15th October 2021 and sentenced on 27th October 2021. That he was in custody during the trial. 3. I have perused the record of the trial court in Lamu Principal Magistrates’ court No.E205/2022 and noted that the Applicant was arrested on 21/8/2022 and sentenced on 23/1/2023. He was in custody during the trial. The judgment of the trial court did not indicate whether it had considered the time spent in custody. It is to be noted that the provisions of the referred to section are mandatory. The trial court was in error in failing to comply with the section. 4. In view of the foregoing, I order that the sentence imposed on the applicant do commence from the date of his arrest, i.e, on 21st August ,2022. **Ruling delivered, dated and signed at GARSEN this 28th July 2026.** **J.N.NJAGI** **JUDGE** **In the presence of:** **Mr.Oluoch for Respondent** **Applicant – present G.K.Prison Malindi** Court Assistant – Rahma