[2025] KEHC 8870 (KLR)

[2025] KEHC 8870 (KLR)

The court held that the applicant's sentence of 15 years imprisonment should be computed from the date he was first arraigned in court, January 2, 2020, in accordance with Section 333(2) of the Criminal Procedure Code. The court found that the period spent in remand custody prior to sentencing must be considered in the computation of the sentence, and since the respondent did not oppose the application, the court allowed it and ordered that the sentence run from the date of first arraignment.

Citation
[2025] KEHC 8870 (KLR)
Parties
Applicant: Nicholas Musya Mbuthu alias Ngima; Respondent: Republic
Court
High Court
Court Station
High Court at Voi
Jurisdiction
Kenya
Judgment Date
18 February 2025
Case Number
Criminal Revision E111 of 2024
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Computation
Outcome
Application allowed. Sentence to run from date of first arraignment.
Judges
AN Ongeri
Legal Topics
Sentencing Computation, Remand Period Deduction, Criminal Revision, Gang Rape, Sentence Reduction
Source Language
English
Criminal Law Sentencing Computation Remand Period Deduction Criminal Revision Gang Rape Sentence Reduction

Case Brief

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Parties

Nicholas Musya Mbuthu alias Ngima

Applicant

Republic

Respondent

Procedural Posture

Criminal Revision / Ruling on Application for Sentence Computation

Legal Issues

  1. 1 Whether the period the applicant spent in remand custody prior to sentencing should be deducted from the 15-year imprisonment term imposed on appeal.

Ratio Decidendi

The court held that the applicant's sentence of 15 years imprisonment should be computed from the date he was first arraigned in court, January 2, 2020, in accordance with Section 333(2) of the Criminal Procedure Code. The court found that the period spent in remand custody prior to sentencing must be considered in the computation of the sentence, and since the respondent did not oppose the application, the court allowed it and ordered that the sentence run from the date of first arraignment.

Court Disposition

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

Orders

  • The sentence of 15 years imprisonment shall start running from January 2, 2020, being the date the applicant was first arraigned in court.