[2025] KEHC 9694 (KLR)
The court found, upon reviewing the sentencing proceedings, that the trial court had already considered the period the applicant spent in remand custody when imposing the 3-year imprisonment sentence. As such, the applicant's request for further credit for time spent in remand was without merit. The application was...
Source-derived case information.
- Citation
- [2025] KEHC 9694 (KLR)
- Parties
- Applicant: Anthony Mugambi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E002 of 2025
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application dismissed
- Judges
- E Ominde
- Legal Topics
- Sentencing Remission, Remand Period Credit, Robbery With Violence, Criminal Procedure Code Section 333 2
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Anthony Mugambi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the period spent in remand custody by the applicant should be factored into his sentence under Section 333(2) of the Criminal Procedure Code.
Ratio Decidendi
The court found, upon reviewing the sentencing proceedings, that the trial court had already considered the period the applicant spent in remand custody when imposing the 3-year imprisonment sentence. As such, the applicant's request for further credit for time spent in remand was without merit. The application was therefore dismissed, as there was no basis for revision under Section 333(2) of the Criminal Procedure Code when the trial court had already complied with the statutory requirement.
Court Disposition
application dismissed
Orders
- The applicant's application is dismissed for lack of merit.
- Right of appeal within 14 days.
Full Case Text
Judgment text and source record
20 paragraphs
Mugambi v Republic (Criminal Revision E002 of 2025) [2025] KEHC 9694 (KLR) (3 July 2025) (Ruling)
Neutral citation: [2025] KEHC 9694 (KLR)
Republic of Kenya
In the High Court at Eldoret
Criminal Revision E002 of 2025
E Ominde, J
July 3, 2025
Between
Anthony Mugambi
Petitioner
and
Republic
Respondent
Ruling
1. The Applicant herein moved this Court by way of a Notice of Motion Court dated 24th December 2024. He prays to Court that as provided under Section 333(2) of the Criminal Procedure Code, the Court considers and factors into his sentence the period that he was in remand custody during the trial.
2. He states in the Affidavit in support of the Application that he was charged with the offence of Robbery with violence contrary to Section 296 (2) of the Penal Code, Laws of Kenya convicted and sentenced to 3 years imprisonment. That he has no issue with the conviction and the sentence and has only one Ground as above.
3. Counsel for the State in his oral response to this Application opposed the Applicant’s Application and stated that the period Applicant spent in remand was considered when he was convicted and sentenced to 3 years imprisonment by the trial Court on 19th December 2024.
4. I have perused the record of proceedings of sentencing. It is clear that the period that the applicant spent in remand was considered when the trial Court sentenced the Applicant to 3 years imprisonment on 19th December 2024. I therefore agree with the sentiments of the prosecution. For this reason, the Applicant’s Application lacks merit and the same is accordingly dismissed.
5. Right of Appeal 14 days.
READ, DATED AND SIGNED AT ELDORET ON 3RDJULY 2025. E. OMINDEJUDGE