https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9546
The trial court failed to consider the applicant’s custody period despite the mandatory requirement under section 333(2) of the Criminal Procedure Code, so the sentence had to be backdated to the date of arrest.
Source-derived case information.
- Citation
- [2026] KEHC 9546 (KLR)
- Parties
- Applicant: ERICK MAVULU AKWEYU; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E095 of 2026
- Procedural Posture
- Criminal Revision / Sentence Review After Conviction
- Outcome
- Application allowed; sentence revised.
- Judges
- ["DR Kavedza"]
- Legal Topics
- Robbery With Violence, Credit for Time Spent in Custody, Revision of Sentence, Section 333(2) Criminal Procedure Code
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
ERICK MAVULU AKWEYU
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Sentence Review After Conviction
Legal Issues
- 1 Whether the trial court failed to factor in the applicant’s time spent in remand custody when sentencing
- 2 Whether the sentence should be varied to commence from the date of arrest
Ratio Decidendi
The trial court failed to consider the applicant’s custody period despite the mandatory requirement under section 333(2) of the Criminal Procedure Code, so the sentence had to be backdated to the date of arrest.
Court Disposition
Application allowed; sentence revised.
Orders
- The sentence imposed by the trial court shall run from 17th January 2023, the date of arrest.
- Orders accordingly.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT KIBERA** **CRIMINAL REVISION NO. E095 OF 2026** ERICK MAVULU AKWEYU…….….....…..…...………..………APPLICANT VERSUS REPUBLIC……………………………………………….....…...RESPONDENT **RULING.** 1. The applicant was charged and convicted for the offence of robbery with violence contrary to section 296(2) of the Penal Code. 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 17th January 2023 and remained in custody throughout the trial until his conviction on 30th April 2024. I have perused the original trial court record and note that the trial court failed to consider the time he 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 17th January 2023, 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. KAVEDZA** **JUDGE** **In the presence of:** Applicant Present Mutuma for the Respondent Karimi Court Assistant.