[2025] KEHC 5973 (KLR)

[2025] KEHC 5973 (KLR)

The court held 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 3rd May 2021 and remained in custody until his conviction and...

Source-derived case information.

Citation
[2025] KEHC 5973 (KLR)
Parties
Applicant: Alex Munyilu Mbuku; Respondent: Republic
Court
High Court
Court Station
High Court at Kibera
Jurisdiction
Kenya
Judgment Date
12 May 2025
Case Number
Criminal Revision E039 of 2025
Procedural Posture
Criminal Revision / Ruling on Sentence Review Application
Outcome
application allowed
Judges
DR Kavedza
Legal Topics
Sentencing Review, Remand Custody Credit, Dangerous Driving, Traffic Offences
Source Language
english
Criminal Law Sentencing Review Remand Custody Credit Dangerous Driving Traffic Offences

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Summary, issues, holding and outcome

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Parties

Alex Munyilu Mbuku

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 computing the sentence.
  2. 2 Whether the applicant is entitled to have the sentence reviewed to account for time spent in custody.

Ratio Decidendi

The court held 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 3rd May 2021 and remained in custody until his conviction and sentencing on 19th July 2021. This period was not factored into the sentence imposed. The High Court found that this omission amounted to a denial of a statutory right and that the sentence should be recalculated to commence from the date of arrest. The application for sentence review was therefore allowed, and the sentence was ordered to run from 3rd May 2021.

Court Disposition

application allowed

Orders

  • The sentence of two years and three months imprisonment shall run from 3rd May 2021, the date of the applicant’s arrest, pursuant to section 333(2) of the Criminal Procedure Code.