Nderitu v Repulic (Criminal Revision E137 of 2025) [2026] KEHC 5003 (KLR) (17 April 2026) (Ruling)

Nderitu v Repulic (Criminal Revision E137 of 2025) [2026] KEHC 5003 (KLR) (17 April 2026) (Ruling)

The trial court failed to comply with Section 333(2) of the Criminal Procedure Code by not specifically directing that the applicant's sentence be reduced by the period spent in custody; therefore, the sentence must run from the date of arrest.

Citation
[2026] KEHC 5003 (KLR)
Parties
Applicant: Jackson Maina Nderitu; Respondent: Republic
Court
High Court
Jurisdiction
Kenya
Judgment Date
17 April 2026
Case Number
Criminal Revision E137 of 2025
Procedural Posture
Criminal Revision / Ruling
Outcome
Application allowed
Legal Topics
Sentencing, Pre Trial Detention Credit, Assault Causing Grievous Bodily Harm
Source Language
English
Criminal Law Sentencing Pre Trial Detention Credit Assault Causing Grievous Bodily Harm

Case Brief

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Parties

Jackson Maina Nderitu

Applicant

Republic

Respondent

Procedural Posture

Criminal Revision / Ruling

Legal Issues

  1. 1 Whether the period spent in pre-trial detention should be factored into the applicant's sentence

Ratio Decidendi

The trial court failed to comply with Section 333(2) of the Criminal Procedure Code by not specifically directing that the applicant's sentence be reduced by the period spent in custody; therefore, the sentence must run from the date of arrest.

Court Disposition

Application allowed

Orders

  • The fifteen (15) year sentence imposed upon the applicant will run from 22nd July 2021.