[2025] KEHC 2115 (KLR)
The court found that the sentencing record did not indicate that the period the applicant spent in remand custody was considered in the 18-year sentence for defilement. Section 333(2) of the Criminal Procedure Code is mandatory, requiring courts to factor in time spent in custody before sentencing. The applicant was...
Source-derived case information.
- Citation
- [2025] KEHC 2115 (KLR)
- Parties
- Applicant: Samson Kaguni Alias 240; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Petition E063 of 2023
- Procedural Posture
- Criminal Petition / Ruling on Sentence Computation
- Outcome
- application allowed
- Judges
- E Ominde
- Legal Topics
- Sentencing, Remand Custody Credit, Sexual Offences, Defilement, Sentence Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samson Kaguni Alias 240
Applicant
Republic
Respondent
Procedural Posture
Criminal Petition / Ruling on Sentence Computation
Legal Issues
- 1 Whether the period spent in remand custody should be factored into the applicant's sentence as required by Section 333(2) of the Criminal Procedure Code.
- 2 Whether the sentencing record reflects consideration of the remand period.
Ratio Decidendi
The court found that the sentencing record did not indicate that the period the applicant spent in remand custody was considered in the 18-year sentence for defilement. Section 333(2) of the Criminal Procedure Code is mandatory, requiring courts to factor in time spent in custody before sentencing. The applicant was in remand from 18th September 2019 to 28th May 2021, totaling 1 year and 8 months. The court allowed the application and directed that this period be computed as part of the applicant's sentence, thereby reducing the effective custodial term accordingly.
Court Disposition
application allowed
Orders
- The period of 1 year and 8 months spent in remand custody shall be computed as part of the applicant's 18-year sentence.
Full Case Text
Judgment text and source record
20 paragraphs
Kaguni alias 240 v Republic (Criminal Petition E063 of 2023) [2025] KEHC 2115 (KLR) (20 February 2025) (Ruling)
Neutral citation: [2025] KEHC 2115 (KLR)
Republic of Kenya
In the High Court at Eldoret
Criminal Petition E063 of 2023
E Ominde, J
February 20, 2025
Between
Samson Kaguni Alias 240
Petitioner
and
Republic
Respondent
Ruling
1. The Petitioner herein having had his applications against conviction and sentence as well as for the review of his sentence dismissed by this Court made an oral application seeking that as provided under Section 333(2) of the Criminal Procedure Code, the Court considers and factors into his sentence the period of 2 years that he was in remand custody during the trial.
2. The Application that he was charged with the offence of Defilement contrary to Section 8(1) as read with Section 8(2) of the Sexual Offences Act No 3 of 2006 Laws of Kenya, convicted and sentenced to 18 years’ imprisonment.
3. Counsel for the State in his oral response to this Application stated that for reasons that the cited provision of the law is mandatory and that if indeed the applicant was in remand custody as he states then he concedes that the period that he was in remand be factored into the applicant’s 18-year sentence.
4. I have perused the record of proceedings of sentencing. It does not indicate that that the period that the applicant spent in remand was included in the 18 years’ imprisonment sentence. I agree with the prosecution that this provision is mandatory. The applicant took plea on 18th September 2019 and was sentenced on 28th May 2021 bringing the aggregate period to 1 year and 8 months. In this regard, I allow the Application and direct the period of 1 year and 8 months that the applicant spent in remand custody be computed in his sentence of 18 years’ imprisonment.
5. Right of Appeal 14 days
READ DATED AND SIGNED AT ELDORET ON 20TH FEBRUARY 2025. E. OMINDEJUDGE