https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9443
Because the applicant had been in remand for about two years before sentencing, section 333(2) required that period to be credited in the computation of his sentence. The court therefore reviewed the sentence so that the thirty-year term commenced from the date of arraignment in custody.
Source-derived case information.
- Citation
- [2026] KEHC 9443 (KLR)
- Parties
- Applicant: Laban Rotich alias Pkasa; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application E009 of 2021
- Procedural Posture
- Criminal Miscellaneous Application From Criminal Appeal Arising From a Sexual Offence Case / Ruling on Application for Sentence Review / Credit for Time Spent in Remand
- Outcome
- Application allowed; sentence reviewed.
- Judges
- ["RPV Wendoh"]
- Legal Topics
- Section 333(2) CPC Credit for Time Spent in Custody, Computation of Sentence Commencement Date, Review of Sentence, Gang Rape Sentencing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Laban Rotich alias Pkasa
Applicant
Republic
Respondent
Procedural Posture
Criminal Miscellaneous Application From Criminal Appeal Arising From a Sexual Offence Case / Ruling on Application for Sentence Review / Credit for Time Spent in Remand
Legal Issues
- 1 Whether the court should account for the period the applicant spent in remand before conviction and sentence.
- 2 Whether the applicant’s sentence should be recomputed from the date he was first arraigned/held in custody.
Ratio Decidendi
Because the applicant had been in remand for about two years before sentencing, section 333(2) required that period to be credited in the computation of his sentence. The court therefore reviewed the sentence so that the thirty-year term commenced from the date of arraignment in custody.
Court Disposition
Application allowed; sentence reviewed.
Orders
- The applicant’s sentence of thirty (30) years imprisonment was reviewed to take account of the period spent in custody.
- The sentence is to be computed to commence on 19/9/2019.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT KAPENGURIA.** **HC. CRIMINAL MISC. APPLICATION NO. E.006 OF 2026** **FROM HC. CRIMINAL APPEAL NO. E009 OF 2021** (From original Sexual Offence case SPM No. 18 of 2019) **LABAN ROTICH ALIAS PKASA ……………………. APPLICANT** AND **REPUBLIC ……………………………………………… RESPONDENT.** **RULING** The applicant, **Laban Rotich alias Pkasa** has filed the Notice of Motion dated 19/6/2026 seeking an order that the court do take into account the period he spent in remand before he was convicted and sentenced. The application is brought pursuant to Section 333 (2) of the Criminal Procedure Code. The appellant was sentenced for the offence of Gang Rape contrary to section 10 of the Sexual Offences Act on 10/9/2021. When sentencing, the trial Magistrate stated that he had taken into consideration the accused’s mitigation and the seriousness of the offence and sentenced him and another to thirty (30) years imprisonment. Section 333 (2) of the Criminal Procedure Code provides as follows; **Warrant in case of sentence of imprisonment** **(2) Subject to the provisions of section 38 of the Penal Code (**[**Cap. 63**](https://new.kenyalaw.org/akn/ke/act/1930/10)**) every sentence shall be deemed to commence from, and to include the whole of the day of, the date on which it was pronounced, except where otherwise provided in this Code. Provided that where the person sentenced under subsection (1) has, prior to such sentence, been held in custody, the sentence shall take account of the period spent in custody.** In the case of **Ahamed Abolfathi Mohammed & Another -V- Republic (2018) eKLR** the court observed that it is mandatory for the court to consider the period that an accused has spent in remand, in computing the sentence. In this case, the applicant was arraigned before the court on 25/9/2019 and he was sentenced on 10/5/2021, a period of two years. The two years spent in remand should be included in the period of thirty (3) years. The upshot is that the application is granted. The applicant’s sentence is hereby reviewed and the sentence of thirty (30) years should be computed to commence on 19/9/2019 It is so ordered. **Dated, signed and delivered at Kapenguria this 30th day of June, 2026** **HON. R.P.V. WENDOH.** **JUDGE** l