[2025] KEHC 1167 (KLR)
The High Court held that while it cannot alter the minimum sentence of 15 years imprisonment imposed for defilement under Section 8(4) of the Sexual Offences Act, it is obligated by Section 333(2) of the Criminal Procedure Code to ensure that the period the applicant spent in remand custody is considered in the...
Source-derived case information.
- Citation
- [2025] KEHC 1167 (KLR)
- Parties
- Applicant: Alex Sila Peter; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E141 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application allowed in part
- Judges
- EN Maina
- Legal Topics
- Sentencing Revision, Remand Custody Credit, Sexual Offences, Minimum Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alex Sila Peter
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant is entitled to have the period spent in remand custody considered in the computation of his sentence.
- 2 Whether the High Court can interfere with the minimum sentence prescribed under Section 8(4) of the Sexual Offences Act.
Ratio Decidendi
The High Court held that while it cannot alter the minimum sentence of 15 years imprisonment imposed for defilement under Section 8(4) of the Sexual Offences Act, it is obligated by Section 333(2) of the Criminal Procedure Code to ensure that the period the applicant spent in remand custody is considered in the computation of the sentence. The lower court failed to do so, and therefore the correctional facility is directed to compute the applicant's sentence from the date of arrest, 2nd December 2021, thereby giving effect to the statutory requirement without interfering with the prescribed minimum sentence.
Court Disposition
application allowed in part
Orders
- The correctional facility shall compute the sentence of imprisonment for 15 years to commence from the date of arrest, 2nd December 2021, to take into account the period spent in remand custody.
- File closed.
Full Case Text
Judgment text and source record
20 paragraphs
Peter v Republic (Criminal Revision E141 of 2024) [2025] KEHC 1167 (KLR) (27 February 2025) (Ruling)
Neutral citation: [2025] KEHC 1167 (KLR)
Republic of Kenya
In the High Court at Machakos
Criminal Revision E141 of 2024
EN Maina, J
February 27, 2025
Between
Alex Sila Peter
Applicant
and
Republic
Respondent
Ruling
1. By the Notice of Motion(undated) brought under Certificate of Urgency(undated) the Applicant seeks revision of his sentence pursuant to Section 333(2) of the Criminal Procedure Code. Simply put his prayer is that the sentence be varied so as to take into account the period he spent in remand custody.
2. The Applicant was charged with, convicted and sentenced to imprisonment for 15 years for the offence of Defilement contrary to Section 8(1) as read with Section 8(4) of the Sexual Offences Act.
3. The sentence prescribed under Section 8(4) of the Sexual Offences Act is a minimum sentence which this court cannot interfere with in view of the decision of the Supreme Court in the case of Republic v Mwangi, Initiative for Strategic Litigation in Africa & 3 others (amicus curiae) Petition No E018 of 2023[2024] KESC 34[KLR] (12TH July 2024) (Judgment).
4. Be that as it may, Section 333(2) of the Criminal Procedure Code obligates the court sentencing the accused person to take into account the period spent in remand custody.
5. I have perused the record of the lower court and it is evident that the Learned Magistrate overlooked the provisions of Section 333(2) of the Criminal Procedure Code. Accordingly, whereas this court cannot alter the sentence imposed by the trial court it hereby directs that the correctional facility shall compute the sentence of imprisonment for 15 years to commence from the date of arrest which is 2nd December, 2021 so as to take into account the period spent in remand custody.Orders accordingly.File closed.
RULING DATED, SIGNED AND DELIVERED VIRTUALLY ON THIS 27TH DAY OF FEBRUARY, 2025. E. N. MAINAJUDGE27/02/2025In the presence of:Ms Nyauncho for the stateApplicant in person (online)C/A: Geoffrey