https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8762
The trial court did not factor in the applicant’s remand period of about two years and two months, despite the mandatory requirement under section 333(2) of the Criminal Procedure Code to account for time spent in custody; the sentence was therefore revised to run from the date of arrest.
Source-derived case information.
- Citation
- [2026] KEHC 8762 (KLR)
- Parties
- Applicant: Peter Kayugira alias Baba Pina; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E084 of 2026
- Procedural Posture
- Criminal Revision / Sentence Review Ruling
- Outcome
- Application allowed; sentence revised.
- Judges
- ["DR Kavedza"]
- Legal Topics
- Defilement, Credit for Time Spent in Remand Custody, Section 333(2) Criminal Procedure Code, Sentence Computation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Kayugira alias Baba Pina
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Sentence Review Ruling
Legal Issues
- 1 Whether the trial court failed to account for the time the applicant spent in remand custody when computing sentence.
- 2 Whether the sentence should be revised to run from the date of arrest under section 333(2) of the Criminal Procedure Code.
Ratio Decidendi
The trial court did not factor in the applicant’s remand period of about two years and two months, despite the mandatory requirement under section 333(2) of the Criminal Procedure Code to account for time spent in custody; the sentence was therefore revised to run from the date of arrest.
Court Disposition
Application allowed; sentence revised.
Orders
- The 30-year sentence imposed by the trial court shall run from 23rd January 2021, the date of arrest, pursuant to section 333(2) of the Criminal Procedure Code.
- Orders accordingly.
Full Case Text
Judgment text and source record
1 paragraphs
Kayugira alias Baba Pina v Republic (Criminal Revision E084 of 2026) [2026] KEHC 8762 (KLR) (22 June 2026) (Ruling) Neutral citation: [2026] KEHC 8762 (KLR) Republic of Kenya In the High Court at Kibera Criminal Revision E084 of 2026 DR Kavedza, J June 22, 2026 Between Peter Kayugira alias Baba Pina Applicant and Republic Respondent Ruling 1.The applicant was charged with the offence of defilement contrary to section 8(1) as read with 8(2) of the Sexual Offences Act, No. 3 of 2006. After a full trial, he was sentenced to serve thirty (30) years imprisonment. 2.He has filed the present application dated 4th May 2026 seeking sentence review. The grounds raised in support of the application are that the trial court to consider the time spent in remand custody during the computation of his sentence. 3.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. 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. 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 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.It is therefore clear that it is mandatory that the period which an accused has been held in custody prior to being sentenced be taken into account in meting out the sentence where it is not hindered by other provisions of the law. 6.From the record, the applicant was arrested on 23rd January 2021, and was never released on bail/bond and was convicted and sentenced on 16th March 2023. He therefore spent two (2) years, two (2) months in remand custody. 7.The said period was not factored in during the computation of his sentence by the trial court. 8.In the premises, the application is allowed. The sentence of thirty (30) years imposed by the trial court shall run from 23rd January 2021, the date of his arrest pursuant to section 333(2) of the Criminal Procedure Code, Cap 75 Laws of Kenya.Orders accordingly. RULING DATED AND DELIVERED VIRTUALLY THIS 22ND DAY OF JUNE 2026 _____________ D. KAVEDZAJUDGEIn the presence of:Applicant PresentMutuma for the RespondentKarimi Court Assistant.