https://new.kenyalaw.org/akn/ke/judgment/keca/2026/984
The appeal succeeded to the limited extent that the Court accepted the undisputed omission by the trial court and directed that the appellant’s pre-sentence custody period be credited in sentence computation.
Source-derived case information.
- Citation
- [2026] KECA 984 (KLR)
- Parties
- Appellant: David Egesa; Respondent: Republic
- Court
- Court of Appeal
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal E177 of 2022
- Procedural Posture
- Criminal Appeal / Appeal Against Conviction and Sentence; Limited to Sentence
- Outcome
- Appeal allowed to the extent indicated
- Judges
- ["PM Gachoka", "WK Korir", "L Ndolo"]
- Legal Topics
- Sentencing, Pre Sentence Custody, Credit for Time Spent in Custody, Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Egesa
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence; Limited to Sentence
Legal Issues
- 1 Whether the appellant’s appeal should be limited to sentence only
- 2 Whether the trial court failed to take into account the period spent in pre-sentence custody
- 3 Whether the appellant was entitled to credit for the period spent in custody between 24 November 2014 and 18 January 2016
Ratio Decidendi
The appeal succeeded to the limited extent that the Court accepted the undisputed omission by the trial court and directed that the appellant’s pre-sentence custody period be credited in sentence computation.
Court Disposition
Appeal allowed to the extent indicated
Orders
- The period spent in pre-sentence custody between 24th November 2014 and 18th January 2016 shall be taken into account in the computation of the appellant’s sentence.
Full Case Text
Judgment text and source record
1 paragraphs
Egesa v Republic (Criminal Appeal E177 of 2022) [2026] KECA 984 (KLR) (18 May 2026) (Judgment) Neutral citation: [2026] KECA 984 (KLR) Republic of Kenya In the Court of Appeal at Eldoret Criminal Appeal E177 of 2022 PM Gachoka, WK Korir & L Ndolo, JJA May 18, 2026 Between David Egesa Appellant and Republic Respondent (Being an appeal against the conviction and sentence of the High Court of Kenya at Eldoret (Majanja, J.) 25th April 2019 in HCCRA No. 11 of 2016) Judgment 1.When the appeal was called out for hearing this morning, the appellant was virtually present from Eldoret Main Prison, whereas Mr. Okoth learned Assistant Director of Public Prosecutions, was in attendance for the respondent 2.The appellant indicated to the Court that he wished to limit his appeal to the question of sentence only and prayed that the period spent in custody during trial be taken into account. Mr. Okoth, ADPP for the respondent, conceded that the period spent in custody when the trial was proceeding was not taken into account by the trial court. 3.Accordingly, the appellant’s appeal is allowed to the extent that the period spent in pre-sentence custody between 24th November 2014 and 18th January 2016 shall be taken into account in the computation of the appellant’s sentence. DATED AND DELIVERED AT ELDORET THIS 18TH DAY OF MAY 2026.M. GACHOKA C.Arb, FCIArb....................................JUDGE OF APPEALW. KORIR....................................JUDGE OF APPEALL. M. NDOLO.....................................JUDGE OF APPEALI certif y that this is a True copy of the originalSignedDeputy Registrar