[2025] KEHC 10205 (KLR)

[2025] KEHC 10205 (KLR)

The court held that the applicant, having been sentenced to 15 years' imprisonment for defilement, is entitled under section 333(2) of the Criminal Procedure Code to have the period spent in remand custody prior to sentencing deducted from his custodial sentence. The record showed the applicant was in remand for 1 year and 6 months, excluding 4 months when he was out on bond. The court found that the trial court did not factor this period into the sentence computation. Accordingly, the committal warrant to prison should be reviewed to reflect the remission of the period already served in remand custody, ensuring the applicant's sentence is reduced by the time spent in pre-trial detention.

Citation
[2025] KEHC 10205 (KLR)
Parties
Applicant: Gabriel Githiora; Respondent: Republic
Court
High Court
Court Station
High Court at Eldoret
Jurisdiction
Kenya
Judgment Date
15 July 2025
Case Number
Criminal Petition E073 of 2023
Procedural Posture
Criminal Petition / Ruling on Sentence Computation Application
Outcome
application allowed
Judges
RN Nyakundi
Legal Topics
Sentence Computation, Remand Custody Credit, Sexual Offences, Defilement, Application of Section 333 2 Cpc
Source Language
English
Criminal Law Sentence Computation Remand Custody Credit Sexual Offences Defilement Application of Section 333 2 Cpc

Case Brief

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Parties

Gabriel Githiora

Applicant

Republic

Respondent

Procedural Posture

Criminal Petition / Ruling on Sentence Computation Application

Legal Issues

  1. 1 Whether the applicant is entitled to have the period spent in remand custody deducted from his custodial sentence under section 333(2) of the Criminal Procedure Code.
  2. 2 Whether the applicant's sentence should be deemed to have commenced from the date he was placed in pre-trial custody, excluding the period he was out on bond.

Ratio Decidendi

The court held that the applicant, having been sentenced to 15 years' imprisonment for defilement, is entitled under section 333(2) of the Criminal Procedure Code to have the period spent in remand custody prior to sentencing deducted from his custodial sentence. The record showed the applicant was in remand for 1 year and 6 months, excluding 4 months when he was out on bond. The court found that the trial court did not factor this period into the sentence computation. Accordingly, the committal warrant to prison should be reviewed to reflect the remission of the period already served in remand custody, ensuring the applicant's sentence is reduced by the time spent in pre-trial detention.

Court Disposition

application allowed

Orders

  • The committal warrant to prison shall be reviewed to reflect a remission of 1 year and 6 months spent in remand custody by the applicant.
  • The applicant's custodial sentence shall be computed in accordance with section 333(2) of the Criminal Procedure Code.