https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9235
The court held that because the record did not show that the trial court expressly considered the applicant's remand period, section 333(2) of the Criminal Procedure Code was not complied with. The custodial sentence therefore had to be backdated to the date of arrest.
Source-derived case information.
- Citation
- [2026] KEHC 9235 (KLR)
- Parties
- Applicant: CAROLINE ELUKASIRE ESHIWANI; Respondent: REPUBLIC
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E100 of 2026
- Procedural Posture
- Misc. Criminal Application / Sentence Review Application After Conviction and Sentencing
- Outcome
- Application allowed.
- Judges
- ["DR Kavedza"]
- Legal Topics
- Trafficking in Narcotic Drugs, Conspiracy to Traffic in Narcotic Drugs, Sentence Computation, Section 333(2) Criminal Procedure Code, Remand Custody Credit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
CAROLINE ELUKASIRE ESHIWANI
Applicant
REPUBLIC
Respondent
Procedural Posture
Misc. Criminal Application / Sentence Review Application After Conviction and Sentencing
Legal Issues
- 1 Whether the trial court complied with section 333(2) of the Criminal Procedure Code by accounting for the period spent in remand custody before sentencing.
Ratio Decidendi
The court held that because the record did not show that the trial court expressly considered the applicant's remand period, section 333(2) of the Criminal Procedure Code was not complied with. The custodial sentence therefore had to be backdated to the date of arrest.
Court Disposition
Application allowed.
Orders
- The custodial sentence shall be computed from 23rd November 2024, the date of the applicant's arrest.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT KIBERA** **MISC. CRIMINAL APPLICATION NO. E100 OF 2026** CAROLINE ELUKASIRE ESHIWANI…………………………..APPLICANT VERSUS REPUBLIC……………………………………………………….RESPONDENT **RULING.** 1. The Applicant was charged and, following a full trial, convicted of trafficking in narcotic drugs contrary to section 4(a)(ii) of the Narcotic Drugs and Psychotropic Substances (Control) Act, No. 4 of 1994, and conspiracy to traffic in narcotic drugs contrary to section 4B(5) of the Act. 2. In Count I, she was sentenced to pay a fine of Kshs. 50,000,000, in default to serve one (1) year's imprisonment, and to a custodial sentence of two (2) years' imprisonment. On Count II, she was sentenced to pay a fine of Kshs. 50,000,000, in default to serve one (1) year's imprisonment, and to two (2) years' imprisonment. On Count III, she was sentenced to pay a fine of Kshs. 100,000,000, in default to serve one (1) year's imprisonment. The custodial sentences were ordered to run concurrently. 3. The Applicant has filed the present application, supported by an affidavit, seeking sentence review on the ground that the trial court failed to take into account the period she spent in remand custody as required by section 333(2) of the Criminal Procedure Code. 4. I have considered the application, the supporting affidavit, the trial court record and the applicable law. The sole issue for determination is whether the trial court complied with section 333(2) of the Criminal Procedure Code. 5. The record shows that, although the Applicant had been in remand custody before sentencing, the trial court did not expressly state that it had taken that period into account as required by law. 6. Accordingly, the application succeeds. Pursuant to section 333(2) of the Criminal Procedure Code, the custodial sentence shall be computed from 23rd November 2024, being the date of the Applicant's arrest. Orders accordingly. **Ruling dated and delivered virtually this 30th day of June 2026** **\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_** **D. KAVEDZA** **JUDGE** **In the presence of:** Applicant Present Ms. Otiya for the Respondent Karimi Court Assistant