https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8834

**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT KIBERA** **CRIMINAL REVISION NO. E085 OF 2026** CRAIG RANDALL PHILANDER…....…..…..…………..………APPLICANT VERSUS REPUBLIC……………………………………………….....…...RESPONDENT **RULING.** 1. The applicant was charged and convicted for the offence of Trafficking in Narcotic 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. 50 million in default to serve one-year imprisonment. In addition he was sentenced to serve seven 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. 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**. 4. It is therefore mandatory for a sentencing court to take into account the period an accused person has spent in custody before sentence, unless otherwise precluded by law. 5. I have perused the original record and note that the trial court considered the Applicant's mitigation before imposing sentence. However, the court did not expressly indicate that it had taken into account the period spent in remand custody. 6. The Applicant was arrested on 16th June 2022 and remained in custody throughout the trial until his conviction on 9th May 2025. He therefore spent two (2) years, ten (10) months and twenty-three (23) days in remand custody. There is no indication on the record that this period was considered in computing the sentence imposed. 7. In the premises, the application is allowed. The sentence imposed by the trial court shall be run from 16th June 2022, 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 24th day of June 2026.** **\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_** **D. KAVEDZA** **JUDGE** **In the presence of:** Applicant Present Otiya for the Respondent Karimi Court Assistant.