[2025] KEHC 5985 (KLR)

[2025] KEHC 5985 (KLR)

The court found that the trial court failed to comply with the mandatory requirement under section 333(2) of the Criminal Procedure Code to consider the period the applicant spent in remand custody before sentencing. The applicant was arrested on 2nd April 2024 and remained in custody until conviction on 6th March 2025, but this period was not credited against his sentence. The High Court held that failure to account for this period would amount to a denial of the applicant's statutory right and an abdication of the court's legal obligation. Accordingly, the sentence was ordered to run from the date of arrest, ensuring compliance with the law and upholding the applicant's rights.

Citation
[2025] KEHC 5985 (KLR)
Parties
Applicant: Dennis Maiko; Respondent: Republic
Court
High Court
Court Station
High Court at Kibera
Jurisdiction
Kenya
Judgment Date
12 May 2025
Case Number
Criminal Revision E043 of 2025
Procedural Posture
Criminal Revision / Ruling on Sentence Review Application
Outcome
application allowed
Judges
DR Kavedza
Legal Topics
Sentencing Principles, Remand Custody Credit, Child Neglect Offences, Children Act Application
Source Language
English
Criminal Law Family and Children Sentencing Principles Remand Custody Credit Child Neglect Offences Children Act Application

Case Brief

Summary, issues, holding and outcome

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Parties

Dennis Maiko

Applicant

Republic

Respondent

Procedural Posture

Criminal Revision / Ruling on Sentence Review Application

Legal Issues

  1. 1 Whether the trial court erred by failing to consider the period the applicant spent in remand custody when passing sentence.
  2. 2 Whether the applicant is entitled to have the sentence reviewed to account for time spent in custody.

Ratio Decidendi

The court found that the trial court failed to comply with the mandatory requirement under section 333(2) of the Criminal Procedure Code to consider the period the applicant spent in remand custody before sentencing. The applicant was arrested on 2nd April 2024 and remained in custody until conviction on 6th March 2025, but this period was not credited against his sentence. The High Court held that failure to account for this period would amount to a denial of the applicant's statutory right and an abdication of the court's legal obligation. Accordingly, the sentence was ordered to run from the date of arrest, ensuring compliance with the law and upholding the applicant's rights.

Court Disposition

application allowed

Orders

  • The sentence of two years and three months shall run from 2nd April 2024, the date of the applicant’s arrest, pursuant to section 333(2) of the Criminal Procedure Code.