https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9300
The trial court failed to consider the applicant's period in remand custody, which section 333(2) of the Criminal Procedure Code obligates it to do. The sentence was therefore revised to run from the date of arrest, 15 September 2023.
Source-derived case information.
- Citation
- [2026] KEHC 9300 (KLR)
- Parties
- Applicant: Arkadiusz Stanslaw Pelka; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E088 of 2026
- Procedural Posture
- Criminal Revision / Sentence Review Application
- Outcome
- Application allowed; sentence revised.
- Judges
- ["DR Kavedza"]
- Legal Topics
- Trafficking in Narcotic Drugs, Consideration of Pre Sentence Custody, Section 333(2) Criminal Procedure Code, Concurrent Sentence Computation, Revision of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Arkadiusz Stanslaw Pelka
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Sentence Review Application
Legal Issues
- 1 Whether the sentencing court failed to comply with section 333(2) of the Criminal Procedure Code by disregarding time spent in remand custody.
- 2 Whether the sentence should be adjusted to account for the applicant's pre-conviction custody period.
Ratio Decidendi
The trial court failed to consider the applicant's period in remand custody, which section 333(2) of the Criminal Procedure Code obligates it to do. The sentence was therefore revised to run from the date of arrest, 15 September 2023.
Court Disposition
Application allowed; sentence revised.
Orders
- The sentence imposed by the trial court shall run from 15th September 2023, the date of the applicant's arrest, pursuant to section 333(2) of the Criminal Procedure Code.
- Orders accordingly.
Full Case Text
Judgment text and source record
1 paragraphs
Pelka v Republic (Criminal Revision E088 of 2026) [2026] KEHC 9300 (KLR) (29 June 2026) (Ruling) Neutral citation: [2026] KEHC 9300 (KLR) Republic of Kenya In the High Court at Kibera Criminal Revision E088 of 2026 DR Kavedza, J June 29, 2026 Between Arkadiusz Stanslaw Pelka Applicant and Republic Respondent Ruling 1.The applicant was charged and convicted for the offence of Trafficking in Drugs contrary to section 4(a)(ii) of the Narcotic Drugs and Psychotropic Substances (Control) Act No. 4 of 1994. He was sentenced to pay a fine of Kshs. 23,000,000 million in default to serve one-year imprisonment. In addition he was sentenced to serve fourteen (14) years imprisonment to run concurrently. 2.The applicant has now filed an application seeking sentence review. The arguments raised are that the trial court failed to consider the time spent in remand custody during the computation of his sentence. 3.I have considered the application, the arguments in support and the applicable law. 4.The proviso to section 333 (2) of the Criminal Procedure Code obligates the court to consider the time already spent in custody. The duty to take in account the period an accused person had remained in custody in sentencing under the proviso to section 333(2) of the Criminal Procedure Code which is couched in mandatory terms was acknowledged by the Court of Appeal in Ahamad Abolfathi Mohammed & Another vs. Republic [2018] eKLR and Bethwel Wilson Kibor vs. Republic [2009] eKLR and more recently in the High Court case of Vincent Sila Jona & 87 others vs Kenya Prison Service & 2 others [2021] eKLR. 5.It is therefore mandatory for a sentencing court to consider the period an accused person has spent in custody before sentence, unless otherwise precluded by law. 6.The Applicant was arrested on 15th September 2023 and remained in custody throughout the trial until his conviction on 21st November 2024. He therefore spent one (1) year, two (2) months and six (6) days in remand custody. I have perused the original record and note that the trial court failed to consider the time was held in remand custody during trial as he was never released on bail/bond. 7.In the premises, the application is allowed. The sentence imposed by the trial court shall be run from 15th September 2023, the date of the applicant’s arrest pursuant to section 333(2) of the Criminal Procedure Code, Cap 75 Laws of Kenya.Orders accordingly. RULING DATED AND DELIVERED VIRTUALLY THIS 29TH DAY OF JUNE 2026. __________________ D. KAVEDZAJUDGEIn the presence of:Applicant PresentMutuma for the RespondentKarimi Court Assistant.