[2025] KEHC 8379 (KLR)

[2025] KEHC 8379 (KLR)

The court found that the trial court and the appellate 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 prior to sentencing. The applicant was arrested on 9th June 2022, was never released on bond, and was convicted on 29th September 2022. This period was not factored into the computation of his sentence. The court held that the sentence should run from the date of arrest, thereby giving effect to the statutory and judicial mandate to credit time spent in custody against the sentence imposed.

Citation
[2025] KEHC 8379 (KLR)
Parties
Applicant: Fredrick Okello; Respondent: Republic
Court
High Court
Court Station
High Court at Kibera
Jurisdiction
Kenya
Judgment Date
17 June 2025
Case Number
Miscellaneous Criminal Application E094 of 2025
Procedural Posture
Miscellaneous Criminal Application / Sentence Review Ruling
Outcome
application allowed
Judges
DR Kavedza
Legal Topics
Sentence Review, Remand Custody Credit, Computation of Sentence, Criminal Procedure Code Section 333 2
Source Language
English
Criminal Law Civil Procedure Sentence Review Remand Custody Credit Computation of Sentence Criminal Procedure Code Section 333 2

Case Brief

Summary, issues, holding and outcome

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Parties

Fredrick Okello

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Sentence Review Ruling

Legal Issues

  1. 1 Whether the trial court and appellate court failed to consider the time spent in remand custody during the computation of the applicant's sentence.
  2. 2 Whether the sentence should be recalculated to account for the period spent in custody prior to conviction.

Ratio Decidendi

The court found that the trial court and the appellate 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 prior to sentencing. The applicant was arrested on 9th June 2022, was never released on bond, and was convicted on 29th September 2022. This period was not factored into the computation of his sentence. The court held that the sentence should run from the date of arrest, thereby giving effect to the statutory and judicial mandate to credit time spent in custody against the sentence imposed.

Court Disposition

application allowed

Orders

  • The sentence imposed on the applicant shall run from 9th June 2022, the date of his arrest, pursuant to section 333(2) of the Criminal Procedure Code.