[2025] KEHC 8849 (KLR)
The court held that, pursuant to section 333(2) of the Criminal Procedure Code, the period the applicant spent in remand custody from 13th November 2015 to 14th April 2016 must be considered in the computation of his sentence. Therefore, the applicant's 20-year sentence is to be calculated from the date he was first...
Source-derived case information.
- Citation
- [2025] KEHC 8849 (KLR)
- Parties
- Applicant: Tsuma Lalo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Petition E001 of 2022
- Procedural Posture
- Petition / Ruling on Sentence Computation
- Outcome
- Application allowed.
- Judges
- AN Ongeri
- Legal Topics
- Sentencing Computation, Remand Period Credit, Section 333 2, Sentence Commencement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Tsuma Lalo
Applicant
Republic
Respondent
Procedural Posture
Petition / Ruling on Sentence Computation
Legal Issues
- 1 Whether the period the applicant spent in remand custody prior to sentencing should be deducted from the total sentence imposed.
- 2 Whether the applicant's sentence should be deemed to have commenced from the date of remand or the date of sentencing.
Ratio Decidendi
The court held that, pursuant to section 333(2) of the Criminal Procedure Code, the period the applicant spent in remand custody from 13th November 2015 to 14th April 2016 must be considered in the computation of his sentence. Therefore, the applicant's 20-year sentence is to be calculated from the date he was first remanded, not from the date of sentencing. This ensures compliance with statutory requirements and prevents unlawful extension of custodial sentences beyond what is prescribed by law.
Court Disposition
Application allowed.
Orders
- The applicant's sentence of 20 years imprisonment shall be computed from 13th November 2015, the date he was first remanded in custody.
Full Case Text
Judgment text and source record
20 paragraphs
Lalo v Republic (Petition E001 of 2022) [2025] KEHC 8849 (KLR) (20 February 2025) (Ruling)
Neutral citation: [2025] KEHC 8849 (KLR)
Republic of Kenya
In the High Court at Voi
Petition E001 of 2022
AN Ongeri, J
February 20, 2025
Between
Tsuma Lalo
Petitioner
and
Republic
Respondent
Ruling
1. The Applicant was sentenced to twenty (20) years imprisonment on 14th April 2016.
2. He has brought an application seeking the period he was remanded to be reduced from his 20 years imprisonment.
3. The record shows that he was in custody from 13th November 2015 to 14th April 2016.
4. Section 333(2) states that the period an accused was remanded should be taken into consideration in the computation of the sentence period.
5. The Applicant’s sentence will start running from 13th November 2015 when he was remanded in custody and not from 14th April 2016 when he was sentenced.
DATED, SIGNED AND DELIVERED THIS 20TH DAY OF FEBRUARY 2025 IN OPEN COURT AT VOI.ASENATH ONGERIJUDGEIn the presence of:-Court Assistant: Maina/MillicentProsecutor; Mr. NgigiThe Applicant