[2025] KEHC 8214 (KLR)

[2025] KEHC 8214 (KLR)

The court held that section 333(2) of the Criminal Procedure Code is clear and mandatory: trial courts must take into account the period an accused has spent in custody when imposing sentence, except for sentences of death. The applicant was convicted and sentenced to five years' imprisonment for robbery with violence, but the record showed that the period spent in remand custody was not credited. The court found that this omission was contrary to the law and that the applicant was entitled to have the period from 29/07/2020 to 24/09/2024 deducted from his sentence. The court further clarified that the committal warrant should be amended to reflect the correct computation, ensuring the...

Citation
[2025] KEHC 8214 (KLR)
Parties
Applicant: Dan Koech; Respondent: Republic
Court
High Court
Court Station
High Court at Eldoret
Jurisdiction
Kenya
Judgment Date
12 June 2025
Case Number
Petition E124 of 2024
Procedural Posture
Constitutional Petition / Ruling on Application for Computation of Pre Sentence Custody
Outcome
Application allowed. Period spent in remand custody to be computed and credited towards sentence.
Judges
RN Nyakundi
Legal Topics
Sentencing Guidelines, Pre Sentence Custody, Remand Credit, Robbery With Violence, Judicial Review of Sentence
Source Language
English
Criminal Law Civil Procedure Sentencing Guidelines Pre Sentence Custody Remand Credit Robbery With Violence Judicial Review of Sentence

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Parties

Dan Koech

Applicant

Republic

Respondent

Procedural Posture

Constitutional Petition / Ruling on Application for Computation of Pre Sentence Custody

Legal Issues

  1. 1 Whether the period spent in remand custody by the applicant should be computed and credited towards the sentence imposed for robbery with violence.
  2. 2 Whether section 333(2) of the Criminal Procedure Code mandates courts to take into account pre-sentence custody when imposing sentence.
  3. 3 Whether the applicant is entitled to a review or amendment of the committal warrant to reflect the period spent in remand custody.

Ratio Decidendi

The court held that section 333(2) of the Criminal Procedure Code is clear and mandatory: trial courts must take into account the period an accused has spent in custody when imposing sentence, except for sentences of death. The applicant was convicted and sentenced to five years' imprisonment for robbery with violence, but the record showed that the period spent in remand custody was not credited. The court found that this omission was contrary to the law and that the applicant was entitled to have the period from 29/07/2020 to 24/09/2024 deducted from his sentence. The court further clarified that the committal warrant should be amended to reflect the correct computation, ensuring the...

Court Disposition

Application allowed. Period spent in remand custody to be computed and credited towards sentence.

Orders

  • The period spent in remand custody from 29/07/2020 to 24/09/2024 shall be computed and credited towards the applicant's five-year sentence.
  • The committal warrant shall be amended accordingly to reflect the credited period.