[2025] KEHC 6312 (KLR)

[2025] KEHC 6312 (KLR)

The court held that Section 333(2) of the Criminal Procedure Code mandates sentencing courts to deduct the period an accused has spent in pre-trial custody from the sentence imposed. The court relied on the reasoning in Rwabugande Moses v Uganda, emphasizing that the deduction is arithmetical and mandatory, not discretionary. The applicant had spent 1 year 2 months in remand custody prior to being sentenced to five years imprisonment for stealing stock. The court found that failure to credit this period would violate the applicant's constitutional rights to equal protection and benefit of the law under Article 27 of the Constitution. Accordingly, the court ordered that the committal...

Citation
[2025] KEHC 6312 (KLR)
Parties
Applicant: Festus Kibiwott; Respondent: Republic
Court
High Court
Court Station
High Court at Eldoret
Jurisdiction
Kenya
Judgment Date
15 May 2025
Case Number
Criminal Miscellaneous Application E140 of 2024
Procedural Posture
Criminal Miscellaneous Application / Ruling on Application for Sentence Reduction Under Section 333(2) Cpc
Outcome
application allowed
Judges
RN Nyakundi
Legal Topics
Sentencing Remission, Pre Trial Detention Credit, Constitutional Rights in Sentencing
Source Language
English
Criminal Law Sentencing Remission Pre Trial Detention Credit Constitutional Rights in Sentencing

Case Brief

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Parties

Festus Kibiwott

Applicant

Republic

Respondent

Procedural Posture

Criminal Miscellaneous Application / Ruling on Application for Sentence Reduction Under Section 333(2) Cpc

Legal Issues

  1. 1 Whether the applicant is entitled to have the period spent in remand custody deducted from his sentence under Section 333(2) of the Criminal Procedure Code.
  2. 2 Whether failure to credit the remand period violates the applicant's constitutional rights under Article 27 of the Constitution.

Ratio Decidendi

The court held that Section 333(2) of the Criminal Procedure Code mandates sentencing courts to deduct the period an accused has spent in pre-trial custody from the sentence imposed. The court relied on the reasoning in Rwabugande Moses v Uganda, emphasizing that the deduction is arithmetical and mandatory, not discretionary. The applicant had spent 1 year 2 months in remand custody prior to being sentenced to five years imprisonment for stealing stock. The court found that failure to credit this period would violate the applicant's constitutional rights to equal protection and benefit of the law under Article 27 of the Constitution. Accordingly, the court ordered that the committal...

Court Disposition

application allowed

Orders

  • The committal warrant shall be amended to credit the applicant with 1 year 2 months spent in custody as remission from his sentence.
  • The applicant's sentence is reduced by the period spent in pre-trial detention.