Kilonzo v Republic (Criminal Revision E122 of 2025) [2025] KEHC 18604 (KLR) (16 December 2025) (Ruling)

The trial court failed to consider the mandatory period spent in remand custody by the applicant, thus the sentence should run from the date of arrest.

Citation: [2025] KEHC 18604 (KLR)
Parties: Applicant: Erick Mumo Kilonzo; Respondent: Republic
Court: High Court
Jurisdiction: Kenya
Judgment Date: 16 December 2025
Case Number: Criminal Revision E122 of 2025
Procedural Posture: Criminal Revision / Ruling on Application for Revision of Sentence
Outcome: application allowed
Legal Topics: Manslaughter, Sentencing, Remand Custody, Revision of Sentence
Source Language: English

Criminal Law Manslaughter Sentencing Remand Custody Revision of Sentence

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Parties

Erick Mumo Kilonzo

Applicant

Republic

Respondent

Procedural Posture

Criminal Revision / Ruling on Application for Revision of Sentence

Legal Issues

1 Whether the trial court considered the time spent in remand custody during sentencing as required by section 333(2) of the Criminal Procedure Code

Ratio Decidendi

The trial court failed to consider the mandatory period spent in remand custody by the applicant, thus the sentence should run from the date of arrest.

Court Disposition

application allowed

Orders

The sentence of fifteen years imprisonment shall run from 6th February 2023, the date of the applicant’s arrest, pursuant to section 333(2) of the Criminal Procedure Code.