[2025] KEHC 10081 (KLR)

[2025] KEHC 10081 (KLR)

The court found that the trial court failed to comply with Section 333(2) of the Criminal Procedure Code by not considering the ten months the applicant spent in remand custody prior to sentencing. The omission was material, as the law and judicial policy guidelines require that such time be deducted from the sentence imposed to avoid excessive punishment. The court held that the applicant's sentence of fifteen years imprisonment should commence from the date of his arrest, 4th November 2020, thereby giving effect to the statutory and constitutional requirements for fair sentencing. The application for review was allowed on this basis.

Citation
[2025] KEHC 10081 (KLR)
Parties
Applicant: Yoweri Kibiru; Respondent: Republic
Court
High Court
Court Station
High Court at Thika
Jurisdiction
Kenya
Judgment Date
10 July 2025
Case Number
Criminal Revision E226 of 2024
Procedural Posture
Criminal Revision / Ruling on Application for Review of Sentence Under Section 333(2) of the Criminal Procedure Code
Outcome
application allowed
Judges
FN Muchemi
Legal Topics
Sentencing Review, Time Spent in Custody, Sexual Offences Sentencing
Source Language
English
Criminal Law Civil Procedure Sentencing Review Time Spent in Custody Sexual Offences Sentencing

Case Brief

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Parties

Yoweri Kibiru

Applicant

Republic

Respondent

Procedural Posture

Criminal Revision / Ruling on Application for Review of Sentence Under Section 333(2) of the Criminal Procedure Code

Legal Issues

  1. 1 Whether the trial court erred by failing to consider the period the applicant spent in custody prior to sentencing as required by Section 333(2) of the Criminal Procedure Code.
  2. 2 Whether the applicant is entitled to have his sentence computed from the date of arrest.

Ratio Decidendi

The court found that the trial court failed to comply with Section 333(2) of the Criminal Procedure Code by not considering the ten months the applicant spent in remand custody prior to sentencing. The omission was material, as the law and judicial policy guidelines require that such time be deducted from the sentence imposed to avoid excessive punishment. The court held that the applicant's sentence of fifteen years imprisonment should commence from the date of his arrest, 4th November 2020, thereby giving effect to the statutory and constitutional requirements for fair sentencing. The application for review was allowed on this basis.

Court Disposition

application allowed

Orders

  • The applicant shall serve fifteen (15) years imprisonment to commence from 4th November 2020 being the date of arrest.