[2025] KEHC 3753 (KLR)
The court found that the applicant was indeed in pre-trial custody for two years, eleven months, and seven days, and that the previous computation reducing his sentence by only eight months and twenty-one days was erroneous. Applying section 333(2) of the Criminal Procedure Code, the court held that the applicant is...
Source-derived case information.
- Citation
- [2025] KEHC 3753 (KLR)
- Parties
- Applicant: Thomas Munyau Mang’ondo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 63 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Computation Correction
- Outcome
- Application allowed. Sentence computation corrected to reflect full pre-trial custody period.
- Judges
- DR Kavedza
- Legal Topics
- Sentence Computation, Pre Trial Custody Credit, Criminal Revision, Error Correction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Thomas Munyau Mang’ondo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Computation Correction
Legal Issues
- 1 Whether the applicant is entitled to have his sentence reduced by the full period spent in pre-trial custody under section 333(2) of the Criminal Procedure Code.
- 2 Whether the previous computation of sentence reduction was erroneous and requires correction.
Ratio Decidendi
The court found that the applicant was indeed in pre-trial custody for two years, eleven months, and seven days, and that the previous computation reducing his sentence by only eight months and twenty-one days was erroneous. Applying section 333(2) of the Criminal Procedure Code, the court held that the applicant is entitled to have the full period spent in pre-trial custody deducted from his sentence. The court therefore corrected the error and ordered that the applicant's sentence be computed with a reduction of two years, eleven months, and seven days, reflecting the actual period spent in custody before conviction.
Court Disposition
Application allowed. Sentence computation corrected to reflect full pre-trial custody period.
Orders
- The applicant's sentence shall be computed with a reduction of two years, eleven months, and seven days, being the period spent in pre-trial custody.
- The previous order reducing the sentence by eight months and twenty-one days is set aside.
Full Case Text
Judgment text and source record
18 paragraphs
Mang’ondo v Republic (Criminal Revision 63 of 2024) [2025] KEHC 3753 (KLR) (26 March 2025) (Ruling)
Neutral citation: [2025] KEHC 3753 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 63 of 2024
DR Kavedza, J
March 26, 2025
Between
Thomas Munyau Mang’ondo
Applicant
and
Republic
Respondent
Ruling
1. The applicant filed the present application vide a letter dated 28th August 2024 and received by this court on 25th February 2025. The applicant is seeking a review of the orders issued by this court on 15th July 2024, computing his sentence less by eight (8) months and twenty-one (21) days pursuant to the provision of section 333(2) of the Criminal Procedure Code.
2. The applicant was arrested on 13th March 2021 and remained in pre-trial custody until the conclusion of his case on 22nd February 2024. As a result, he was in custody for a total of two (2) years, eleven (11) months, and seven (7) days. However, a computation error occurred in the ruling delivered on 15th July 2024, where it was incorrectly stated that the sentence should be reduced by eight months (8) and twenty-one (21) days.
3. This error is now corrected, and the sentence shall, in fact, be computed with a reduction of two (2) years, eleven (11) months, and seven (7) days, reflecting the correct period the applicant spent in pre-trial custody.Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 26TH DAY OF MARCH 2025_______________D. KAVEDZAJUDGE