https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7504
The petition failed because the court record already showed that the petitioner’s remand period had been considered in the ruling delivered on 3 October 2024; there was therefore no basis for disturbing the sentence.
Source-derived case information.
- Citation
- [2026] KEHC 7504 (KLR)
- Parties
- Petitioner: Peter Ruchui Karanja; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Constitutional Criminal Petition E007 of 2026
- Procedural Posture
- Constitutional Criminal Petition / Ruling on Petition Challenging Sentence
- Outcome
- Petition dismissed.
- Judges
- ["DR Kavedza"]
- Legal Topics
- Robbery With Violence, Sentencing Credit for Remand Custody, Section 333(2) of the Criminal Procedure Code, Imitation Firearm Offence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Ruchui Karanja
Petitioner
Republic
Respondent
Procedural Posture
Constitutional Criminal Petition / Ruling on Petition Challenging Sentence
Legal Issues
- 1 Whether the sentence imposed had failed to account for time spent in remand custody under section 333(2) of the Criminal Procedure Code.
- 2 Whether the petition disclosed any basis to disturb the prior ruling on sentence credit.
Ratio Decidendi
The petition failed because the court record already showed that the petitioner’s remand period had been considered in the ruling delivered on 3 October 2024; there was therefore no basis for disturbing the sentence.
Court Disposition
Petition dismissed.
Orders
- The application is lacking in merit and is dismissed.
- Orders accordingly.
Full Case Text
Judgment text and source record
1 paragraphs
Karanja v Republic (Constitutional Criminal Petition E007 of 2026) [2026] KEHC 7504 (KLR) (3 June 2026) (Ruling) Neutral citation: [2026] KEHC 7504 (KLR) Republic of Kenya In the High Court at Kibera Constitutional Criminal Petition E007 of 2026 DR Kavedza, J June 3, 2026 Between Peter Ruchui Karanja Petitioner and Republic Respondent Ruling 1.The petitioner, jointly with another not before this court, was charged and convicted on two counts of robbery with violence, contrary to Section 296(2) of the Penal Code. He was also charged and convicted of possessing an imitation firearm with intent to commit a felony, contrary to Section 34(1) of the Firearm Act, Cap 114, Laws of Kenya. The trial court sentenced the petitioner to death for counts I and II, and to three years' imprisonment for count III. The petitioner subsequently filed an appeal before this court in Nairobi Criminal Appeal No. 64 of 2018. 2.The petitioner’s appeal against conviction and sentence partially succeeded. The conviction in counts I & II was substituted with a conviction on robbery contrary to section 296(1) of the Penal Code. The death sentence for counts I and II was substituted with a term of twenty (20) years' imprisonment for each count. The sentence for count III was upheld. Additionally, the overall sentence was reduced by five (5) years, accounting for the period the petitioner spent in remand custody. 3.He filed the present petition challenging the sentence on the ground that the court failed to consider the time spent in remand custody pursuant to section 333(2) of the Criminal Procedure, Cap 75 Laws of Kenya. 4.From the record, vide the ruling of this court delivered on 3rd October 2024, this court considered the time spent in remand custody. In the premises, the application is found to be lacking in merit and is dismissed.Orders accordingly. RULING DATED AND DELIVERED VIRTUALLY THIS 3RD DAY OF JUNE 2026D. KAVEDZAJUDGE