[2025] KEHC 3365 (KLR)

[2025] KEHC 3365 (KLR)

The High Court found that the trial court failed to consider the period the applicant spent in remand custody before being released on bond. The applicant was in remand from 22 August 2016 to 4 June 2018, totaling one year and ten months. In accordance with Section 333(2) of the Criminal Procedure Code, this period...

Source-derived case information.

Citation
[2025] KEHC 3365 (KLR)
Parties
Applicant: Ngui Muthinji Muthui; Respondent: Republic
Court
High Court
Court Station
High Court at Kiambu
Jurisdiction
Kenya
Case Number
Criminal Revision E176 of 2024
Procedural Posture
Criminal Revision / Ruling
Outcome
Application allowed. Period spent in remand to be deducted from sentence.
Judges
A Mshila
Legal Topics
Sentencing Deductions, Remand Periods, Sentence Calculation
Source Language
en
Criminal Law Sentencing Deductions Remand Periods Sentence Calculation

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Ngui Muthinji Muthui

Applicant

Republic

Respondent

Procedural Posture

Criminal Revision / Ruling

Legal Issues

  1. 1 Whether the trial court erred by failing to consider the period the applicant spent in remand when passing sentence.

Ratio Decidendi

The High Court found that the trial court failed to consider the period the applicant spent in remand custody before being released on bond. The applicant was in remand from 22 August 2016 to 4 June 2018, totaling one year and ten months. In accordance with Section 333(2) of the Criminal Procedure Code, this period ought to have been deducted from the applicant's sentence. The court therefore ordered that the period of one year and ten months spent in remand be deducted from the applicant's sentence.

Court Disposition

Application allowed. Period spent in remand to be deducted from sentence.

Orders

  • The period of one year and ten months spent in remand by the applicant shall be deducted from his sentence.