https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9777
The trial court failed to consider the applicant’s custody period from 21 March 2024 to conviction, despite the mandatory requirement under section 333(2) of the Criminal Procedure Code. The sentence was therefore revised to run from the date of arrest.
Source-derived case information.
- Citation
- [2026] KEHC 9777 (KLR)
- Parties
- Applicant: Bruce Omondi Obiayo; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E073 of 2026
- Procedural Posture
- Criminal Revision / Sentence Review Application
- Outcome
- Application allowed
- Judges
- ["DR Kavedza"]
- Legal Topics
- Sentence Revision, Credit for Time Spent in Custody, Section 333(2) Criminal Procedure Code, Wildlife Trophy Offence, Mandatory Consideration of Remand Period
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bruce Omondi Obiayo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Sentence Review Application
Legal Issues
- 1 Whether the trial court was required to consider the time the applicant spent in remand custody when sentencing.
- 2 Whether sentence revision was warranted because the trial court failed to apply section 333(2) of the Criminal Procedure Code.
Ratio Decidendi
The trial court failed to consider the applicant’s custody period from 21 March 2024 to conviction, despite the mandatory requirement under section 333(2) of the Criminal Procedure Code. The sentence was therefore revised to run from the date of arrest.
Court Disposition
Application allowed
Orders
- The sentence imposed by the trial court shall run from 21st March 2024, the date of the applicant’s arrest.
Full Case Text
Judgment text and source record
1 paragraphs
Obiayo v Republic (Criminal Revision E073 of 2026) [2026] KEHC 9777 (KLR) (6 July 2026) (Ruling) Neutral citation: [2026] KEHC 9777 (KLR) Republic of Kenya In the High Court at Kibera Criminal Revision E073 of 2026 DR Kavedza, J July 6, 2026 Between Bruce Omondi Obiayo Applicant and Republic Respondent Ruling 1.The applicant was charged and convicted for the offence of dealing in wildlife trophy contrary to section 92(2) of the Wildlife Conservation and Management Act Cap 376 Laws of Kenya. He was sentenced to serve seven (7) years imprisonment. 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. He urged the court to revise the sentence imposed. 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 21st March 2024 and remained in custody throughout the trial until his conviction on 16th October 2024. I have perused the original trial court record and note that the trial court failed to consider the time the applicant spent in remand custody during sentencing since 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 21st March 2024, 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 6TH DAY OF JULY 2026.__________________D. KAVEDZAJUDGEIn the presence of:Applicant PresentMutuma for the RespondentKarimi Court Assistant.