[2025] KEHC 10326 (KLR)

[2025] KEHC 10326 (KLR)

The court found that section 333(2) of the Criminal Procedure Code obligates sentencing courts to take into account the period an accused has spent in pre-trial custody. The applicant was arrested on 12th April 2015 and convicted on 26th November 2015, spending 7 months and 13 days in custody before sentencing. The trial court failed to expressly consider this period. The High Court, exercising its revisionary jurisdiction, held that the applicant is legally entitled to have the sentence run from the date of arrest. The court declined to substitute the sentence with a non-custodial sentence or reduce it to time served, but ordered that the 15-year sentence should be computed from 12th...

Citation
[2025] KEHC 10326 (KLR)
Parties
Applicant: Julius Kipkosgei Korir; Respondent: Republic
Court
High Court
Court Station
High Court at Eldoret
Jurisdiction
Kenya
Judgment Date
18 July 2025
Case Number
Criminal Revision E451 of 2024
Procedural Posture
Criminal Revision / Ruling on Notice of Motion for Sentence Review
Outcome
application for sentence review allowed in part
Judges
RN Nyakundi
Legal Topics
Sentence Review, Pre Trial Custody Credit, Revisionary Jurisdiction, Defilement Offence, Proportionality in Sentencing
Source Language
English
Criminal Law Sentence Review Pre Trial Custody Credit Revisionary Jurisdiction Defilement Offence Proportionality in Sentencing

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Parties

Julius Kipkosgei Korir

Applicant

Republic

Respondent

Procedural Posture

Criminal Revision / Ruling on Notice of Motion for Sentence Review

Legal Issues

  1. 1 Whether the applicant is entitled to have the period spent in pre-trial custody considered in the computation of his sentence.
  2. 2 Whether the sentence should be reviewed to time served or to a non-custodial sentence.

Ratio Decidendi

The court found that section 333(2) of the Criminal Procedure Code obligates sentencing courts to take into account the period an accused has spent in pre-trial custody. The applicant was arrested on 12th April 2015 and convicted on 26th November 2015, spending 7 months and 13 days in custody before sentencing. The trial court failed to expressly consider this period. The High Court, exercising its revisionary jurisdiction, held that the applicant is legally entitled to have the sentence run from the date of arrest. The court declined to substitute the sentence with a non-custodial sentence or reduce it to time served, but ordered that the 15-year sentence should be computed from 12th...

Court Disposition

application for sentence review allowed in part

Orders

  • The applicant's sentence of 15 years imprisonment shall run from the date of arrest, being 12th April 2015, in accordance with section 333(2) of the Criminal Procedure Code.