[2025] KEHC 7939 (KLR)

[2025] KEHC 7939 (KLR)

The court found that the trial court had, in its judgment delivered on 26th October 2021, expressly indicated that the time spent in remand custody by the applicant had been considered in the computation of his sentence. Therefore, the applicant's contention that the remand period was not taken into account was unfounded. As a result, the application for sentence review lacked merit and was dismissed.

Citation
[2025] KEHC 7939 (KLR)
Parties
Applicant: Shadrack Achevi; Respondent: Republic
Court
High Court
Court Station
High Court at Kibera
Jurisdiction
Kenya
Judgment Date
9 June 2025
Case Number
Miscellaneous Criminal Application E089 of 2025
Procedural Posture
Miscellaneous Criminal Application / Sentence Review After Conviction and Appeal Dismissal
Outcome
application dismissed
Judges
DR Kavedza
Legal Topics
Sentence Review, Remand Custody Credit, Sexual Offences, Indecent Act With Child
Source Language
English
Criminal Law Sentence Review Remand Custody Credit Sexual Offences Indecent Act With Child

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Shadrack Achevi

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Sentence Review After Conviction and Appeal Dismissal

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 had, in its judgment delivered on 26th October 2021, expressly indicated that the time spent in remand custody by the applicant had been considered in the computation of his sentence. Therefore, the applicant's contention that the remand period was not taken into account was unfounded. As a result, the application for sentence review lacked merit and was dismissed.

Court Disposition

application dismissed

Orders

  • The application for sentence review is dismissed.