[2025] KEHC 7997 (KLR)

[2025] KEHC 7997 (KLR)

The court found that the trial court failed to indicate that it had considered the period the applicant spent in remand custody when passing sentence. In accordance with section 333(2) of the Criminal Procedure Code, the High Court held that the sentence should run from the date of arrest, thereby ensuring that the applicant receives credit for time already served in remand. The application for sentence review was therefore allowed, and the sentence was ordered to run from 7th May 2018, the date of arrest.

Citation
[2025] KEHC 7997 (KLR)
Parties
Applicant: Isaiah Abudiko; Respondent: Republic
Court
High Court
Court Station
High Court at Kibera
Jurisdiction
Kenya
Judgment Date
9 June 2025
Case Number
Criminal Revision E063 of 2025
Procedural Posture
Criminal Revision / Ruling on Sentence Review
Outcome
application allowed
Judges
DR Kavedza
Legal Topics
Defilement Offence, Sentencing Principles, Remand Custody Credit
Source Language
English
Criminal Law Defilement Offence Sentencing Principles Remand Custody Credit

Case Brief

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Parties

Isaiah Abudiko

Applicant

Republic

Respondent

Procedural Posture

Criminal Revision / Ruling on Sentence Review

Legal Issues

  1. 1 Whether the trial court considered the time the applicant spent in remand custody when computing the sentence.

Ratio Decidendi

The court found that the trial court failed to indicate that it had considered the period the applicant spent in remand custody when passing sentence. In accordance with section 333(2) of the Criminal Procedure Code, the High Court held that the sentence should run from the date of arrest, thereby ensuring that the applicant receives credit for time already served in remand. The application for sentence review was therefore allowed, and the sentence was ordered to run from 7th May 2018, the date of arrest.

Court Disposition

application allowed

Orders

  • The sentence of fifteen (15) years imprisonment shall run from 7th May 2018, the date of the applicant’s arrest, pursuant to section 333(2) of the Criminal Procedure Code.