[2025] KEHC 10119 (KLR)

[2025] KEHC 10119 (KLR)

The court found that the trial magistrate had expressly considered the period the applicant spent in remand custody when imposing sentence. The trial court noted the applicant had been in remand for one year and four months and gave credit for this period by setting the default custodial sentence at two years. Therefore, the requirements of section 333(2) of the Criminal Procedure Code and the Sentencing Policy Guidelines were satisfied. The application to further factor in the remand period was without merit and was dismissed. The applicant is to serve the sentence as imposed by the trial court.

Citation
[2025] KEHC 10119 (KLR)
Parties
Applicant: Jashon Gan Mumbo; Respondent: Republic
Court
High Court
Court Station
High Court at Nyeri
Jurisdiction
Kenya
Judgment Date
11 July 2025
Case Number
Miscellaneous Criminal Application E025 of 2025
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application to Factor Pre Trial Detention Into Sentence
Outcome
application dismissed
Judges
MA Odero
Legal Topics
Sentencing Guidelines, Pre Trial Detention Credit, Remand Periods, Criminal Appeals
Source Language
English
Criminal Law Civil Procedure Sentencing Guidelines Pre Trial Detention Credit Remand Periods Criminal Appeals

Case Brief

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Parties

Jashon Gan Mumbo

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Application to Factor Pre Trial Detention Into Sentence

Legal Issues

  1. 1 Whether the period spent by the applicant in pre-trial detention should be factored into his sentence as required by section 333(2) of the Criminal Procedure Code.
  2. 2 Whether the trial court properly considered the applicant's remand period when imposing sentence.

Ratio Decidendi

The court found that the trial magistrate had expressly considered the period the applicant spent in remand custody when imposing sentence. The trial court noted the applicant had been in remand for one year and four months and gave credit for this period by setting the default custodial sentence at two years. Therefore, the requirements of section 333(2) of the Criminal Procedure Code and the Sentencing Policy Guidelines were satisfied. The application to further factor in the remand period was without merit and was dismissed. The applicant is to serve the sentence as imposed by the trial court.

Court Disposition

application dismissed

Orders

  • The application is dismissed in its entirety.
  • The applicant will serve the sentence as imposed by the trial court.