[2025] KEHC 8853 (KLR)

[2025] KEHC 8853 (KLR)

The court held that section 333(2) of the Criminal Procedure Code requires that any period spent in remand custody prior to sentencing must be considered and deducted from the sentence imposed. Since the applicant was first arraigned on 8th October 2019 and sentenced on 12th January 2024, the 10-year imprisonment term should be computed from the date of arraignment, not the date of sentencing. The application was unopposed and the court allowed it, ordering that the sentence run from the date of first arraignment.

Citation
[2025] KEHC 8853 (KLR)
Parties
Applicant: Erickson Omemu Mbarani; Respondent: Republic
Court
High Court
Court Station
High Court at Voi
Jurisdiction
Kenya
Judgment Date
20 February 2025
Case Number
Criminal Revision E108 of 2024
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Revision
Outcome
Application allowed. Sentence to run from date of first arraignment.
Judges
AN Ongeri
Legal Topics
Sentencing, Remand Period Deduction, Defilement Offences
Source Language
English
Criminal Law Sentencing Remand Period Deduction Defilement Offences

Case Brief

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Parties

Erickson Omemu Mbarani

Applicant

Republic

Respondent

Procedural Posture

Criminal Revision / Ruling on Application for Sentence Revision

Legal Issues

  1. 1 Whether the period spent in remand custody should be deducted from the applicant's sentence as per section 333(2) of the Criminal Procedure Code.

Ratio Decidendi

The court held that section 333(2) of the Criminal Procedure Code requires that any period spent in remand custody prior to sentencing must be considered and deducted from the sentence imposed. Since the applicant was first arraigned on 8th October 2019 and sentenced on 12th January 2024, the 10-year imprisonment term should be computed from the date of arraignment, not the date of sentencing. The application was unopposed and the court allowed it, ordering that the sentence run from the date of first arraignment.

Court Disposition

Application allowed. Sentence to run from date of first arraignment.

Orders

  • The 10 years imprisonment shall start running from 8th October 2019 when the applicant was first arraigned in court.