Khamis v Republic (Miscellaneous Criminal Application E020 of 2026) [2026] KEHC 5522 (KLR) (30 April 2026) (Ruling)
The trial court failed to comply with Section 333(2) of the Criminal Procedure Code by not considering the period spent in custody pending trial; therefore, the applicant's sentence should run from the date of arrest.
- Citation
- [2026] KEHC 5522 (KLR)
- Parties
- Applicant: Amin Abbas Khamis; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Judgment Date
- 30 April 2026
- Case Number
- Miscellaneous Criminal Application E020 of 2026
- Procedural Posture
- Miscellaneous Criminal Application / Ruling
- Outcome
- Application allowed
- Legal Topics
- Sentencing, Remand Custody, Application of Section 333(2) Criminal Procedure Code
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Parties
Amin Abbas Khamis
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling
Legal Issues
- 1 Whether the period spent in remand custody should be considered as part of the applicant's sentence
Ratio Decidendi
The trial court failed to comply with Section 333(2) of the Criminal Procedure Code by not considering the period spent in custody pending trial; therefore, the applicant's sentence should run from the date of arrest.
Court Disposition
Application allowed
Orders
- The 10 year sentence imposed upon the applicant shall run from 4.2.25, the date of his arrest.
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