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Kenya Judgment

High Court · High Court at Eldoret

Githiora v Republic [2025] KEHC 10205 (KLR)

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01

Holding and result

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.

02

Material facts

Parties

Gabriel Githiora

Applicant

Republic

Respondent

Amounts and remedies

  • Sentence Imposed: __MISSING__ 15
  • Remand Custody Period (years): __MISSING__ 1.5

03

Procedural history

  1. Posture

    Criminal Petition / Ruling on Sentence Computation Application

04

Questions and positions

Legal issues

Party arguments

Applicant
The applicant contends that he was in remand custody from 17 March 2021 to 14 September 2022, a period of 1 year and 6 months, except for 4 months when he was out on bond. He argues that this period was not factored into his 15-year sentence for defilement and seeks a reduction of his sentence accordingly, relying on section 333(2) of the Criminal Procedure Code.
Respondent
The respondent did not file a formal response or opposition to the application. The court considered the application on its merits and the record before it.

05

Court’s reasoning

  1. 01

    Section 333(2) of the Criminal Procedure Code (Cap 75, Laws of Kenya)

    A sentencing court must take into account the period spent in custody by an accused person before conviction when computing the term of imprisonment imposed.

  2. 02

    Judicial practice and interpretation of section 333(2) CPC

    The committal warrant to prison may be reviewed to reflect the period already served in remand custody, ensuring the applicant receives credit for time spent in pre-trial detention.

06

Ratio, limits and disposition

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.

Obiter and limits

  • The application of section 333(2) CPC is mandatory and not discretionary where the record supports time spent in custody.
  • Proper computation of custodial sentences upholds the rights of convicted persons and ensures justice is served.

Court disposition

application allowed

  • 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.

Source and reliance status

High Court

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Source document

High Court

Judgment

[2025] KEHC 10205 (KLR)

Githiora v Republic (Criminal Petition E073 of 2023) [2025] KEHC 10205 (KLR) (15 July 2025) (Ruling)

Neutral citation: [2025] KEHC 10205 (KLR)

Republic of Kenya

In the High Court at Eldoret

Criminal Petition E073 of 2023

RN Nyakundi, J

July 15, 2025

Between

Gabriel Githiora

Petitioner

and

Republic

Respondent

Ruling

1. Before this court is an application dated 25. 8.2023 in which the Applicant is seeking the following orders: -a.That the petitioner is seeking a reduction of his sentence on time spent in remand custody under section 333(2) of the criminal procedure code cap 75 Laws of Kenyab.That the petitioner is seeking for his sentence to commence from eh time he was placed in pre-trail custody on 17. 3.2021 (excluding 4 months I was out on bond)c.That the petitioner is praying to be present during the hearing and determination.

2. The application is annexed by an affidavit sworn by Gabriel Githiora which states as follows:a.That I was charged with offence of defilement c/section 8(1)(2) of the S.O.A No. 3 2006 and sentenced to serve 15 years by SPM’s court Eldoret by Hon. Odenyo is S.O Case No 083/2023 on 23. 1.2023b.That I was placed in remand custody after being arraigned in court on 17. 3.2021 and was convicted and sentenced on 23. 1.2023c.That after being sentenced I did not file for an appeald.That during the sentence time spent in remand custody was into factored in which was one (1) year 6 months (17/03/2021 to 14/09/2022) Please note I went for bond for four (4) months before I was sentenced on 23. 1.2023. e.What I have deponed herein above is true to the best of my knowledge, information and belief.

Decision 3. The applicant was tried, found guilty for the offence of defilement contrary to section 8 (1) as read together with section 8(3) of the sexual offences Act no. 3 of 2006. The facts were that on diverse dates between 12th March 2021 in Langas Area, in Kapseret sub county within Uasin Gishu county. Intentionally and unlawfully caused your genital organ (penis) to penetrate in the genital organ (vagina) of VJ a child aged 10 years.

4. The trial court sentenced the applicant to 15 years’ imprisonment. The Applicant argues that this sentence be ordered to commence during the period he was on pre-trial detention in his computation from the record he was in remand custody of 1 year and 6 months. Being a custodial sentence the committal warrant to prison can be reviewed for the officer in charge to give a remission of the foresaid period under section 333 (2) of the CPC. Orders accordingly.

DATED AND SIGNED AND PUBLISHED VIA CTS AT ELDORET THIS 15TH DAY OF JULY 2025…………………………………………R. NYAKUNDIJUDGE

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Criminal Procedure Code (Cap 75) section 333(2)

Legislation

Legislation referenced in the available case record.

Sexual Offences Act No. 3 of 2006 section 8(1), 8(3)

Legislation

Legislation referenced in the available case record.

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