https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8753
The trial court did not give effect to section 333(2) of the Criminal Procedure Code because the applicant had been in custody from 28 March 2026 before being sentenced to eight months' imprisonment on 27 April 2026. The sentence therefore had to be revised so that the imprisonment term runs from the date of arrest...
Source-derived case information.
- Citation
- [2026] KEHC 8753 (KLR)
- Parties
- Applicant: Derrick Ben Baraza; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E044 of 2026
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Revision allowed.
- Judges
- ["AM Muteti"]
- Legal Topics
- Revision, Sentencing, Time Spent in Custody, Section 333(2) CPC, Bail, Custodial Sentence Computation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Derrick Ben Baraza
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the trial court failed to account for the period the applicant spent in custody before sentencing as required by section 333(2) of the Criminal Procedure Code.
- 2 Whether the High Court should revise the sentence under sections 362 and 364 of the Criminal Procedure Code and Article 165(6) of the Constitution.
Ratio Decidendi
The trial court did not give effect to section 333(2) of the Criminal Procedure Code because the applicant had been in custody from 28 March 2026 before being sentenced to eight months' imprisonment on 27 April 2026. The sentence therefore had to be revised so that the imprisonment term runs from the date of arrest and remand.
Court Disposition
Revision allowed.
Orders
- The sentence of 8 months' imprisonment shall be computed from the date of arrest and remand.
Full Case Text
Judgment text and source record
1 paragraphs
Baraza v Republic (Criminal Revision E044 of 2026) [2026] KEHC 8753 (KLR) (Crim) (19 June 2026) (Ruling) Neutral citation: [2026] KEHC 8753 (KLR) Republic of Kenya In the High Court at Nairobi (Milimani Law Courts) Criminal Criminal Revision E044 of 2026 AM Muteti, J June 19, 2026 Between Derrick Ben Baraza Applicant and Republic Respondent Ruling 1.The accused person was arrested on 28/3/2026. There is a record showing that he was granted a cash bail of Ksh. 20,000/= but he does not appear to have raised the same thus he remained in custody. 2.The trial court in sentencing the applicant on 27th April 2026 does not appear to have given effect to the provisions of Section 333(2) of the Criminal Procedure Code to have the period spent in custody before sentence discounted from the 8 (eight) months imprisonment. 3.Accordingly, this court allows the revision in exercise of the powers conferred upon it under Section 362 and 364 of the Criminal Procedure Code as read together with Article 165 (6) of the Constitution. 4.The period of 8 (eight months) imprisonment shall be computed from the date of arrest and remand.It is so ordered. DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI THIS 19TH DAY OF JUNE, 2026.A. M. MUTETIJUDGEIn the presence of:Habiba: Court AssistantApplicant presentMogere for Respondent