[2025] KEHC 9152 (KLR)

[2025] KEHC 9152 (KLR)

The court found that the applicant was entitled to have the periods he spent in remand custody prior to sentencing taken into account in the computation of his sentence, as mandated by Section 333(2) of the Criminal Procedure Code and reinforced by the Judiciary Sentencing Policy Guidelines and appellate authority. The trial court failed to consider these periods, resulting in a longer effective sentence than the law permits. The court therefore allowed the application and ordered that the periods between 26th November 2019 and 3rd December 2019, and between 8th March 2022 and 22nd March 2022, be credited towards the applicant's sentence.

Citation
[2025] KEHC 9152 (KLR)
Parties
Applicant: Gamaliel Opati Ambuka; Respondent: Republic
Court
High Court
Court Station
High Court at Vihiga
Jurisdiction
Kenya
Judgment Date
24 June 2025
Case Number
Criminal Miscellaneous Application E099 of 2024
Procedural Posture
Criminal Miscellaneous Application / Ruling on Application for Sentence Computation
Outcome
application allowed
Judges
JN Kamau
Legal Topics
Sentencing, Credit for Time Served, Sexual Offences, Remand Periods
Source Language
English
Criminal Law Sentencing Credit for Time Served Sexual Offences Remand Periods

Case Brief

Summary, issues, holding and outcome

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Parties

Gamaliel Opati Ambuka

Applicant

Republic

Respondent

Procedural Posture

Criminal Miscellaneous Application / Ruling on Application for Sentence Computation

Legal Issues

  1. 1 Whether the applicant is entitled to have the period spent in custody prior to sentencing considered in the computation of his sentence under Section 333(2) of the Criminal Procedure Code.
  2. 2 Whether the trial court erred by failing to take into account the applicant's remand periods during trial.

Ratio Decidendi

The court found that the applicant was entitled to have the periods he spent in remand custody prior to sentencing taken into account in the computation of his sentence, as mandated by Section 333(2) of the Criminal Procedure Code and reinforced by the Judiciary Sentencing Policy Guidelines and appellate authority. The trial court failed to consider these periods, resulting in a longer effective sentence than the law permits. The court therefore allowed the application and ordered that the periods between 26th November 2019 and 3rd December 2019, and between 8th March 2022 and 22nd March 2022, be credited towards the applicant's sentence.

Court Disposition

application allowed

Orders

  • The applicant's Notice of Motion application filed on 29th October 2024 is allowed.
  • The periods between 26th November 2019 and 3rd December 2019, and between 8th March 2022 and 22nd March 2022, shall be taken into account in computing the applicant's sentence in accordance with Section 333(2) of the Criminal Procedure Code.