[2025] KEHC 5938 (KLR)

[2025] KEHC 5938 (KLR)

The court found that the trial court erred by failing to consider the period the applicant spent in remand custody prior to sentencing, as required by Section 333(2) of the Criminal Procedure Code. The applicant was denied bail and remained in custody from 24th August 2019 until his conviction on 19th November 2020, amounting to approximately one year and two and a half months. The court held that this period must be deducted from the applicant's sentence, and the sentence should be deemed to commence from the date of arrest. The application for revision was therefore merited and allowed.

Citation
[2025] KEHC 5938 (KLR)
Parties
Applicant: JGM; Respondent: Republic
Court
High Court
Court Station
High Court at Kiambu
Jurisdiction
Kenya
Judgment Date
9 May 2025
Case Number
Criminal Revision E009 of 2025
Procedural Posture
Criminal Revision / Ruling
Outcome
application allowed
Judges
A Mshila
Legal Topics
Sentencing Revision, Remand Period Deduction, Commencement of Sentence
Source Language
English
Criminal Law Civil Procedure Sentencing Revision Remand Period Deduction Commencement of Sentence

Case Brief

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Parties

JGM

Applicant

Republic

Respondent

Procedural Posture

Criminal Revision / Ruling

Legal Issues

  1. 1 Whether the applicant is entitled to have the period spent in remand deducted from his sentence under Section 333(2) of the Criminal Procedure Code.
  2. 2 Whether the sentence should be backdated to the date of arrest.

Ratio Decidendi

The court found that the trial court erred by failing to consider the period the applicant spent in remand custody prior to sentencing, as required by Section 333(2) of the Criminal Procedure Code. The applicant was denied bail and remained in custody from 24th August 2019 until his conviction on 19th November 2020, amounting to approximately one year and two and a half months. The court held that this period must be deducted from the applicant's sentence, and the sentence should be deemed to commence from the date of arrest. The application for revision was therefore merited and allowed.

Court Disposition

application allowed

Orders

  • The sentence shall commence from the date of arrest, being 24th August, 2019.
  • The period spent in remand shall be deducted from the term of sentence.