[2025] KEHC 4404 (KLR)
The court found that the applicant had spent eight years and two months in remand custody prior to his conviction and sentencing. Section 333(2) of the Criminal Procedure Code imposes a mandatory obligation on courts to consider such time when computing sentences. The failure of the trial court to account for this...
Source-derived case information.
- Citation
- [2025] KEHC 4404 (KLR)
- Parties
- Applicant: Edward Muriuki Nyaga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Petition E017 of 2024
- Procedural Posture
- Constitutional Petition / Ruling on Sentence Revision
- Outcome
- application allowed
- Judges
- DR Kavedza
- Legal Topics
- Sentencing Principles, Remand Custody Credit, Sentence Revision, Murder Conviction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Edward Muriuki Nyaga
Applicant
Republic
Respondent
Procedural Posture
Constitutional Petition / Ruling on Sentence Revision
Legal Issues
- 1 Whether the trial court considered the time the applicant spent in remand custody when computing the sentence.
- 2 Whether the applicant is entitled to have his sentence revised to comply with Section 333(2) of the Criminal Procedure Code.
Ratio Decidendi
The court found that the applicant had spent eight years and two months in remand custody prior to his conviction and sentencing. Section 333(2) of the Criminal Procedure Code imposes a mandatory obligation on courts to consider such time when computing sentences. The failure of the trial court to account for this period amounted to a denial of the applicant's statutory right. Accordingly, the court allowed the application and ordered that the applicant's sentence be computed less the period already spent in remand custody, with the sentence deemed to commence from the date of arrest.
Court Disposition
application allowed
Orders
- The sentence imposed on the applicant shall be computed less by eight years and two months spent in remand custody during his trial.
- The applicant's sentence shall be deemed to commence on 2nd September 2009.
Full Case Text
Judgment text and source record
23 paragraphs
Nyaga v Republic (Petition E017 of 2024) [2025] KEHC 4404 (KLR) (8 April 2025) (Ruling)
Neutral citation: [2025] KEHC 4404 (KLR)
Republic of Kenya
In the High Court at Kibera
Petition E017 of 2024
DR Kavedza, J
April 8, 2025
Between
Edward Muriuki Nyaga
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged and convicted for the offence of murder contrary to Section 203 as read with 204 of the Penal Code in Criminal case No.109 of 2009. He was sentenced to serve a death sentence. Upon appeal, his sentence was reviewed from death sentence to 30 years imprisonment, which was computed from 2nd November 2017; the date of sentence by the High Court in Criminal Appeal No. 74 of 2019.
2. He has now filed a petition seeking revision of sentence to comply with Section 333(2) of the Criminal Procedure Code.
3. He filed an affidavit in support of his petition. The arguments raised are that the trial court failed to consider the time he spent in remand custody during the computation of sentence.
4. I have considered the application, the affidavit in support and the applicable law. I have also considered the trial court record. The issue for consideration is whether the trial court considered the time the applicant spent in remand custody.
5. The proviso to section 333 (2) of the Criminal Procedure Code obligates the court to take into account the time already spent in custody. The duty to take in account the period an accused person had remained in custody in sentencing under the proviso to section 333(2) of the Criminal Procedure Code which is couched in mandatory terms was acknowledged by the Court of Appeal in Ahamad Abolfathi Mohammed & Another v Republic [2018] eKLR and Bethwel Wilson Kibor v Republic [2009] eKLR and more recently in the High Court case of Vincent Sila Jona & 87 others v Kenya Prison Service & 2 others [2021] eKLR.
6. From the record, the applicant was arrested on 2nd September 2009 and was never released on bail/bond. He was convicted on 2nd November 2017. He, therefore, spent eight (8) years two (2) months in remand custody.
7. Guided by the law, the court is of the view that the application ought to be considered, as failure to do so would amount to denying the applicant a right due to the failure of the court to discharge an obligation bestowed upon it by law.
8. I thus allow the application and order that the sentence imposed shall be computed less by eight (8) years two (2) months spent in remand custody during his trial, that is to say, the sentence shall commence on 2nd September 2009 .Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 8TH APRIL 2025D. KAVEDZAJUDGE