[2025] KEHC 6601 (KLR)

[2025] KEHC 6601 (KLR)

The court held that the period spent by the accused in remand custody prior to sentencing must be considered when computing the term of imprisonment to be served in default of payment of a fine. In this case, the trial court failed to account for the remand period, which is a curable omission. The High Court ordered...

Source-derived case information.

Citation
[2025] KEHC 6601 (KLR)
Parties
Applicant: Jonathan Ndambuki Ndulu; Respondent: Republic
Court
High Court
Court Station
High Court at Machakos
Jurisdiction
Kenya
Judgment Date
22 May 2025
Case Number
Criminal Revision E008 of 2025
Procedural Posture
Criminal Revision / Ruling
Outcome
application allowed
Judges
EN Maina
Legal Topics
Remand Custody Credit, Sentencing Procedure, Imprisonment in Default of Fine
Source Language
english
Criminal Law Remand Custody Credit Sentencing Procedure Imprisonment in Default of Fine

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Summary, issues, holding and outcome

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Parties

Jonathan Ndambuki Ndulu

Applicant

Republic

Respondent

Procedural Posture

Criminal Revision / Ruling

Legal Issues

  1. 1 Whether the period spent in remand custody by the accused should be considered in sentencing.
  2. 2 Whether the failure to account for remand custody time can be cured post-sentencing.

Ratio Decidendi

The court held that the period spent by the accused in remand custody prior to sentencing must be considered when computing the term of imprisonment to be served in default of payment of a fine. In this case, the trial court failed to account for the remand period, which is a curable omission. The High Court ordered that the sentence of imprisonment in default of fine shall run from the date of arrest, specifically 9th July 2024, thereby ensuring compliance with Section 333(2) of the Criminal Procedure Code. This approach upholds the principle that an accused should not serve more time than is justly due, and corrects the trial court's oversight.

Court Disposition

application allowed

Orders

  • The sentence of imprisonment in default of payment of fine shall run from 9th July 2024, the date of arrest.
  • This ruling shall be typed and published for relay to the Applicant in Kitengela Prison.