https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10964
Because the applicant had remained in custody from 11/9/2023 until conviction and sentence on 12/9/2024, and the trial court had not credited that remand period, the High Court ordered that the sentence be computed from the date of first arraignment in compliance with section 333(2) of the Criminal Procedure Code.
Source-derived case information.
- Citation
- [2026] KEHC 10964 (KLR)
- Parties
- Applicant: KELVIN KIBET; Respondent: PROSECUTOR
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E015 of 2026
- Procedural Posture
- Criminal Revision / Ruling on Notice of Motion After Conviction and Sentence
- Outcome
- Application allowed.
- Judges
- ["RPV Wendoh"]
- Legal Topics
- Sentencing, Remand Time Credit, Revision, Section 333(2) Criminal Procedure Code
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
KELVIN KIBET
Applicant
PROSECUTOR
Respondent
Procedural Posture
Criminal Revision / Ruling on Notice of Motion After Conviction and Sentence
Legal Issues
- 1 Whether the period spent in remand should be taken into account in computing the applicant’s sentence.
- 2 Whether the sentence should run from the date of first arraignment rather than the date of conviction and sentence.
Ratio Decidendi
Because the applicant had remained in custody from 11/9/2023 until conviction and sentence on 12/9/2024, and the trial court had not credited that remand period, the High Court ordered that the sentence be computed from the date of first arraignment in compliance with section 333(2) of the Criminal Procedure Code.
Court Disposition
Application allowed.
Orders
- The applicant’s sentence shall be computed with effect from 11/9/2023.
- File closed.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT KAPENGURIA.** **CRIMINAL REVISION NO. E015 OF 2026** *(FROM ORIGINAL CONVICTION AND SENTENCE IN CM. CRMINAL CASE NO. E028 OF 2023)* ***(CORAM – HON. LADY JUSTICE R.P.V. WENDOH.)*** **KELVIN KIBET ……………………………………….….. APPLICANT** * **V E R S U S –** **PROSECUTOR …………………………………………..…RESPONDENT** **RULING** By the undated Notice of Motion, the applicant, **KELVIN KIBET** prays that the period he was in remand be taken into account in the sentence meted on him. I have seen the court record. The applicant was arraigned in court on 11/9/2023. The applicant remained in custody during his trial. He was convicted and sentenced to serve five (5) years imprisonment on 12/9/2024 about a year after his first appearance in court. The court did not take into account the period he spent in remand. In accordance with section 333(2) of the Criminal Procedure Code, I order that the applicant’s sentence be computed with effect from 11/9/2023. It is so ordered. File closed **Dated, signed and delivered in Kapenguria this 20th of July, 2026** **HON. R.P.V. WENDOH.** **JUDGE**