Wekesa v Republic (Criminal Revision E064 of 2025) [2026] KEHC 5327 (KLR) (24 April 2026) (Ruling)

Wekesa v Republic (Criminal Revision E064 of 2025) [2026] KEHC 5327 (KLR) (24 April 2026) (Ruling)

The trial court failed to consider the period the applicant spent in custody prior to sentencing, contrary to Section 333(2) of the Criminal Procedure Code, warranting revision of the sentence to commence from the date of arrest.

Source-derived case information.

Citation
[2026] KEHC 5327 (KLR)
Parties
Applicant: Augustine Barasa Wekesa; Respondent: Republic
Court
High Court
Jurisdiction
Kenya
Judgment Date
24 April 2026
Case Number
Criminal Revision E064 of 2025
Procedural Posture
Criminal Revision / Ruling
Outcome
application allowed
Legal Topics
Review of Sentence, Remand Period Credit, Stealing Offences
Source Language
english
Criminal Law Review of Sentence Remand Period Credit Stealing Offences

Source-derived case record

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Parties

Augustine Barasa Wekesa

Applicant

Republic

Respondent

Procedural Posture

Criminal Revision / Ruling

Legal Issues

  1. 1 Whether the trial court erred by failing to consider the period spent in remand during sentencing
  2. 2 Whether the applicant is entitled to a review of sentence under Section 333(2) of the Criminal Procedure Code

Ratio Decidendi

The trial court failed to consider the period the applicant spent in custody prior to sentencing, contrary to Section 333(2) of the Criminal Procedure Code, warranting revision of the sentence to commence from the date of arrest.

Court Disposition

application allowed

Orders

  • Applicant to serve three years imprisonment for Count I commencing from 27th June 2024.
  • Applicant to serve two years imprisonment for Count II commencing from 27th June 2024.