[2025] KEHC 2508 (KLR)
The trial court failed to comply with the mandatory provisions of Section 333(2) of the Criminal Procedure Code by not considering the period the applicant spent in remand custody when computing his sentence. The High Court, upon review, found this omission and directed that the applicant's sentence be computed from...
Source-derived case information.
- Citation
- [2025] KEHC 2508 (KLR)
- Parties
- Applicant: Ismael Mandela John; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E101 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Review Under Section 333(2) of the Criminal Procedure Code
- Outcome
- Application for sentence revision allowed in part; application for probation rejected.
- Judges
- EN Maina
- Legal Topics
- Sentencing Review, Remand Custody Credit, Probation Application, Criminal Procedure Code Section 333 2
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ismael Mandela John
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Review Under Section 333(2) of the Criminal Procedure Code
Legal Issues
- 1 Whether the applicant is entitled to have the period spent in remand custody considered in the computation of his sentence under Section 333(2) of the Criminal Procedure Code.
- 2 Whether the applicant should be released on probation despite the pre-sentence report not recommending it.
Ratio Decidendi
The trial court failed to comply with the mandatory provisions of Section 333(2) of the Criminal Procedure Code by not considering the period the applicant spent in remand custody when computing his sentence. The High Court, upon review, found this omission and directed that the applicant's sentence be computed from the date of his arrest, 22nd December 2023, to ensure compliance with the law. The application for release on probation was rejected because the pre-sentence report did not recommend probation and the application before the court was not an appeal against sentence but a revision limited to the computation of sentence under Section 333(2).
Court Disposition
Application for sentence revision allowed in part; application for probation rejected.
Orders
- The applicant's sentence shall be computed to run from 22nd December, 2023, the date of arrest, to account for the period spent in remand custody.
- The application to be released on probation is rejected.
Full Case Text
Judgment text and source record
17 paragraphs
John v Republic (Criminal Revision E101 of 2024) [2025] KEHC 2508 (KLR) (27 February 2025) (Ruling)
Neutral citation: [2025] KEHC 2508 (KLR)
Republic of Kenya
In the High Court at Machakos
Criminal Revision E101 of 2024
EN Maina, J
February 27, 2025
Between
Ismael Mandela John
Applicant
and
Republic
Respondent
Ruling
1. I have considered the application brought under Section 333(2) of the Criminal procedure Code and the oral submissions of the parties. I have also perused the record of the trial court and indeed the trial court overlooked the provisions of Section 333(2) of the Criminal procedure Code despite the section being couched in mandatory terms. In the premises this court directs that the Applicant’s sentence be computed to run from 22nd December, 2023 when he was arrested so as to take the period he was in remand custody into account.
2. As for the prayer to be released on probation, I see that a pre-sentence Report presented to the court by one Monicah Rapuoda Probation Officer, Kangundo which is dated 20/03/2024 did not recommend probation. Moreover, this is not an appeal against his sentence but only an application to review the sentence in line with Section 333(2) Criminal Procedure Code which I have already allowed. The Application to be released on probation is therefore rejected.Orders accordingly.
RULING DATED, SIGNED AND DELIVERED VIRTUALLY ON THIS 27TH DAY OF FEBRUARY, 2025. E. N. MAINAJUDGE27/02/2025In the presence of:Ms Nyauncho for the stateApplicant in person (online)C/A: Geoffrey