https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10184
The court found that the applicant spent eleven months and twelve days in remand custody before conviction and that this period was not factored into sentencing. Under section 333(2) of the Criminal Procedure Code, that custody period had to be credited, so the sentence was revised accordingly.
Source-derived case information.
- Citation
- [2026] KEHC 10184 (KLR)
- Parties
- Applicant: Amos Ngolanya Masya; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E105 of 2026
- Procedural Posture
- Criminal Revision / Sentence Review Ruling
- Outcome
- Application partially allowed.
- Judges
- ["DR Kavedza"]
- Legal Topics
- Revision of Sentence, Section 333(2) Criminal Procedure Code, Pre Trial Custody Credit, Wildlife Trophy Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Amos Ngolanya Masya
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Sentence Review Ruling
Legal Issues
- 1 Whether the trial court failed to account for time spent in remand custody under section 333(2) of the Criminal Procedure Code.
- 2 Whether the sentence should be revised to deduct the pre-trial custody period.
Ratio Decidendi
The court found that the applicant spent eleven months and twelve days in remand custody before conviction and that this period was not factored into sentencing. Under section 333(2) of the Criminal Procedure Code, that custody period had to be credited, so the sentence was revised accordingly.
Court Disposition
Application partially allowed.
Orders
- The sentence imposed by the trial court shall be computed less by eleven (11) months and twelve (12) days in accordance with section 333(2) of the Criminal Procedure Code, Cap. 75, Laws of Kenya.
- Orders accordingly.
Full Case Text
Judgment text and source record
1 paragraphs
Masya v Republic (Criminal Revision E105 of 2026) [2026] KEHC 10184 (KLR) (13 July 2026) (Ruling) Neutral citation: [2026] KEHC 10184 (KLR) Republic of Kenya In the High Court at Kibera Criminal Revision E105 of 2026 DR Kavedza, J July 13, 2026 Between Amos Ngolanya Masya Applicant and Republic Respondent Ruling 1.The applicant was charged and convicted of the offence of dealing in wildlife trophy without a permit contrary to section 92(2) of the Wildlife Conservation and Management Act, 2013. He was sentenced to serve seven (7) years’ imprisonment. 2.The applicant has filed the present application dated 22nd June 2026 seeking sentence review. He contends that the trial court failed to consider the period spent in remand custody before sentencing, contrary to section 333(2) of the Criminal Procedure Code. He therefore urges the Court to revise the commencement date of his sentence. 3.I have considered the application, the grounds advanced, the record and the applicable law. 4.The proviso to section 333(2) of the Criminal Procedure Code imposes a mandatory duty on a sentencing court to consider the period an accused person has spent in lawful custody before sentence. This principle has been affirmed by the Court of Appeal in Ahamad Abolfathi Mohammed & Another v Republic [2018] eKLR and Bethwel Wilson Kibor v Republic [2009] Eklr, and by the High Court in Vincent Sila Jona & 87 Others v Kenya Prison Service & 2 Others [2021] eKLR. 5.It is therefore mandatory upon every sentencing court to consider the period spent in pre-trial custody unless the law expressly provides otherwise. The trial court record indicates that the applicant was arrested on 20th July 2020 and, was thereafter released on cash bail terms on 2nd July 2021. The applicant was therefore held in remand custody for a period of eleven (11) months and twelve (12) days prior to his conviction and sentence. From the record, that the period was not factored in during his sentencing. 6.Consequently, the application is merited and is hereby partially allowed. The sentence imposed by the trial court shall be computed less by eleven (11) months and twelve (12) days, in accordance with section 333(2) of the Criminal Procedure Code, Cap. 75. Laws of Kenya.Orders accordingly. RULING DATED AND DELIVERED VIRTUALLY THIS 13TH DAY OF JULY 2026______________D. KAVEDZAJUDGEIn the presence of:Applicant PresentMutuma for the RespondentKarimi Court Assistant