https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6056
By consent, and noting the straightforward operation of section 333(2) of the Criminal Procedure Code, the court ordered that the pre-sentence custody period from 5 February 2009 to 17 November 2009 be credited against the sentence.
Source-derived case information.
- Citation
- [2026] KEHC 6056 (KLR)
- Parties
- Applicant: Peter Kamau Wanjiru; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E326 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Notice of Motion Application
- Outcome
- Application allowed by consent.
- Judges
- ["B Mwamuye"]
- Legal Topics
- Sentence Computation, Section 333(2) Credit for Pre Sentence Custody, Revision Application by Consent
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Kamau Wanjiru
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Notice of Motion Application
Legal Issues
- 1 Whether the applicant was entitled to have the period spent in custody before sentence credited in computing the sentence under section 333(2) of the Criminal Procedure Code.
Ratio Decidendi
By consent, and noting the straightforward operation of section 333(2) of the Criminal Procedure Code, the court ordered that the pre-sentence custody period from 5 February 2009 to 17 November 2009 be credited against the sentence.
Court Disposition
Application allowed by consent.
Orders
- The period from 5 February 2009 to 17 November 2009 shall be factored into the sentence pursuant to section 333(2) of the Criminal Procedure Code.
- The application is fully determined.
Full Case Text
Judgment text and source record
1 paragraphs
Wanjiru v Republic (Criminal Revision E326 of 2024) [2026] KEHC 6056 (KLR) (6 May 2026) (Ruling) Neutral citation: [2026] KEHC 6056 (KLR) Republic of Kenya In the High Court at Kiambu Criminal Revision E326 of 2024 B Mwamuye, J May 6, 2026 Between Peter Kamau Wanjiru Applicant and Republic Respondent Ruling 1.By consent, and further noting the mundane nature of section 333(2) of the Criminal Procedure Code, the notice of motion application herein is allowed in terms of prayer No. 1 as follows:-a.That the period from the date of arrest, being 5th February, 2009 to the date of sentence on 17th November, 2009 be and is hereby factored into the sentence pursuant to the provisions of section 333(2) of the Criminal Procedure Code. 2.That being determinate, the entire application is determined fully. 3.The Registry and Prison authorities to take the necessary further action. File closed accordingly. RULING SIGNED, DATED AND DELIVERED VIRTUALLY, AT KIAMBU THIS 6TH DAY OF MAY, 2026.BAHATI MWAMUYE (MBS)JUDGEIn the presence of:Mr. Peter Kamau Wanjiru for the Applicant.Ms. Muli for the Respondent.Court Assistant - Sanja.