[2025] KEHC 4426 (KLR)
The court found that the trial court failed to comply with the mandatory requirement under section 333(2) of the Criminal Procedure Code to consider the period the applicant spent in remand custody before sentencing. The applicant was in remand from 20th January 2023 until his conviction on 10th July 2024, amounting...
Source-derived case information.
- Citation
- [2025] KEHC 4426 (KLR)
- Parties
- Applicant: Peter Nyaki; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 166 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Revision
- Outcome
- application allowed
- Judges
- DR Kavedza
- Legal Topics
- Sentencing Principles, Remand Custody Credit, Computation of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Nyaki
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the trial court erred by failing to consider the period spent in remand custody when computing the applicant's sentence.
- 2 Whether the applicant is entitled to have his sentence reduced by the period spent in remand custody.
Ratio Decidendi
The court found that the trial court failed to comply with the mandatory requirement under section 333(2) of the Criminal Procedure Code to consider the period the applicant spent in remand custody before sentencing. The applicant was in remand from 20th January 2023 until his conviction on 10th July 2024, amounting to one year, three months, and twenty-one days. The failure to deduct this period from the sentence would amount to a denial of a right conferred by law. Accordingly, the High Court allowed the application and ordered that the applicant's sentence be computed less the period spent in remand custody, with the sentence commencing from the date of arrest.
Court Disposition
application allowed
Orders
- The sentence imposed on the applicant shall be computed less by one year, three months, and twenty-one days spent in remand custody.
- The sentence shall commence on 20th January 2023.
Full Case Text
Judgment text and source record
22 paragraphs
Nyaki v Republic (Criminal Revision 166 of 2024) [2025] KEHC 4426 (KLR) (7 April 2025) (Ruling)
Neutral citation: [2025] KEHC 4426 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 166 of 2024
DR Kavedza, J
April 7, 2025
Between
Peter Nyaki
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged and convicted of the offence of stealing contrary to section 278A of the Penal Code. The applicant was sentenced to serve 7 years imprisonment.
2. He filed the present notice of motion application and an affidavit in support of the same. The arguments raised are that the trial court failed to consider the time he spent in remand custody during the computation of sentence.
3. I have considered the application, the affidavit in support and the applicable law. I have also considered the trial court record.
4. The proviso to section 333 (2) of the Criminal Procedure Code obligates the court to take into account the time already spent in custody. This duty which is couched in mandatory terms was acknowledged by the Court of Appeal in Ahamad Abolfathi Mohammed & Another vs. Republic [2018] Eklr and Bethwel Wilson Kibor vs. Republic [2009] eKLR and, more recently in the High Court case of Vincent Sila Jona & 87 others vs Kenya Prison Service & 2 others [2021] eKLR.
5. From the record, the applicant was arrested on 20th January 2023, and was never released on bail or bond until his conviction on 10th July 2024. He, therefore, spent one (1) year three (3) months and twenty-one (21) days in remand custody.
6. 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.
7. I thus allow the application and order that the sentence imposed shall be computed less by one (1) year three (3) months and twenty-one (21) days in remand custody. The sentence shall commence on 20th January 2023. Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 7TH APRIL 2025D. KAVEDZAJUDGE