[2025] KEHC 6060 (KLR)

[2025] KEHC 6060 (KLR)

The court found that the trial court failed to consider the period the applicant spent in custody prior to sentencing, as required by Section 333(2) of the Criminal Procedure Code. The applicant was arrested on 22nd May 2018 and sentenced on 13th November 2019, and there was no evidence he posted bond. The court held that the period spent in custody between 22nd November 2018 and 12th November 2019 must be taken into account in computing the applicant's sentence. The court also noted that although the applicant's sentence was lower than the statutory minimum, it was imposed before the Supreme Court's decision removing sentencing discretion for mandatory minimums, and neither party...

Citation
[2025] KEHC 6060 (KLR)
Parties
Applicant: Fred Amadi; Respondent: Republic
Court
High Court
Court Station
High Court at Vihiga
Jurisdiction
Kenya
Judgment Date
13 May 2025
Case Number
Miscellaneous Criminal Application E107 of 2024
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Consideration of Pre Sentence Custody Period
Outcome
application allowed
Judges
JN Kamau
Legal Topics
Sentencing, Pre Sentence Custody, Sexual Offences, Judicial Discretion
Source Language
English
Criminal Law Sentencing Pre Sentence Custody Sexual Offences Judicial Discretion

Case Brief

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Parties

Fred Amadi

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Application for Consideration of Pre Sentence Custody Period

Legal Issues

  1. 1 Whether the period spent in custody by the applicant prior to sentencing should be taken into account under Section 333(2) of the Criminal Procedure Code.
  2. 2 Whether the trial court erred by failing to consider the applicant's pre-sentence custody period when imposing sentence.

Ratio Decidendi

The court found that the trial court failed to consider the period the applicant spent in custody prior to sentencing, as required by Section 333(2) of the Criminal Procedure Code. The applicant was arrested on 22nd May 2018 and sentenced on 13th November 2019, and there was no evidence he posted bond. The court held that the period spent in custody between 22nd November 2018 and 12th November 2019 must be taken into account in computing the applicant's sentence. The court also noted that although the applicant's sentence was lower than the statutory minimum, it was imposed before the Supreme Court's decision removing sentencing discretion for mandatory minimums, and neither party...

Court Disposition

application allowed

Orders

  • The period the applicant spent in custody between 22nd November 2018 and 12th November 2019 shall be taken into account in computing his sentence as provided in Section 333(2) of the Criminal Procedure Code.