[2025] KEHC 3670 (KLR)
The court found that the trial court failed to comply with the mandatory requirement under section 333(2) of the Criminal Procedure Code to consider the period the applicant spent in remand custody before sentencing. The applicant was in custody from 30th July 2020 until his conviction and sentencing on 16th March...
Source-derived case information.
- Citation
- [2025] KEHC 3670 (KLR)
- Parties
- Applicant: Benard Nyabuto Keya; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E018 of 2025
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review Application
- Outcome
- application allowed; sentence revised
- Judges
- DR Kavedza
- Legal Topics
- Sentencing Principles, Remand Custody Credit, Sexual Offences, Sentence Computation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benard Nyabuto Keya
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review Application
Legal Issues
- 1 Whether the trial court erred by failing to consider the period the applicant spent in remand custody when computing the sentence.
- 2 Whether the sentence should be revised to account for time spent in custody.
Ratio Decidendi
The court found that the trial court failed to comply with the mandatory requirement under section 333(2) of the Criminal Procedure Code to consider the period the applicant spent in remand custody before sentencing. The applicant was in custody from 30th July 2020 until his conviction and sentencing on 16th March 2022, and this period was not credited against his fifteen-year sentence. The failure to account for this period constituted a legal error and a denial of the applicant's statutory right. Accordingly, the High Court revised the sentence to run from the date of arrest, ensuring compliance with the law and upholding the applicant's rights.
Court Disposition
application allowed; sentence revised
Orders
- The sentence of fifteen (15) years imprisonment imposed by the trial court shall run from 30th July 2020, the date of the applicant’s arrest, pursuant to section 333(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
23 paragraphs
Keya v Republic (Criminal Revision E018 of 2025) [2025] KEHC 3670 (KLR) (25 March 2025) (Ruling)
Neutral citation: [2025] KEHC 3670 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision E018 of 2025
DR Kavedza, J
March 25, 2025
Between
Benard Nyabuto Keya
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged and convicted of the offence of defilement contrary to section 8(1) as read with section 8(4) of the Sexual Offences Act, No. 3 of 2006. He was sentenced to serve fifteen (15) years imprisonment.
2. He filed the present application and an affidavit in support of his motion seeking sentence review. The arguments raised are that the trial court failed to consider the time he spent in remand custody during the computation of his sentence.
3. I have considered the application, the affidavit in support and the applicable law. I have also considered the trial court record. The issue for consideration is whether the trial court considered the time the applicant spent in remand custody.
4. The proviso to section 333 (2) of the Criminal Procedure Code obligates the court to take into account the time already spent in custody. The duty to take in account the period an accused person had remained in custody in sentencing under the proviso to section 333(2) of the Criminal Procedure Code which is couched in mandatory terms was acknowledged by the Court of Appeal in Ahamad Abolfathi Mohammed & Another vs. Republic [2018] eKLR and Bethwel Wilson Kibor vs. Republic [2009] eKLR and more recently in the High Court case of Vincent Sila Jona & 87 others vs Kenya Prison Service & 2 others [2021] eKLR.
5. It is therefore clear that it is mandatory that the period which an accused has been held in custody prior to being sentenced be taken into account in meting out the sentence where it is not hindered by other provisions of the law.
6. From the record, the applicant was arrested on 30th July 2020 and was never released on bail/bond until his conviction and sentence on 16th March 2022. From the record, that the period was not factored in during his sentencing.
7. Guided by the law, the court is of the view that the application ought to be considered, as failure to do so would amount to denying the applicant a right due to the failure of the court to discharge an obligation bestowed upon it by law.
8. I thus allow the application and order that the sentence of fifteen (15) years imprisonment imposed by the trial court shall run from 30th July 2020 the date of the applicant’s arrest pursuant to section 333(2) of the Criminal Procedure Code.Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 25TH DAY OF MARCH 2025. ____________D. KAVEDZAJUDGE