https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7178
Although the court reaffirmed that section 333(2) CPC requires credit for time spent in custody, it found from the record that the applicant was a repeat offender and had twice failed to comply with probation terms, and that the sentence imposed by the trial court was therefore proper. The application for sentence...
Source-derived case information.
- Citation
- [2026] KEHC 7178 (KLR)
- Parties
- Applicant: PETERSON KABERERE WANJIRA; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E045 of 2026
- Procedural Posture
- Criminal Sentence Review Application / Ruling on Application
- Outcome
- Application dismissed.
- Judges
- ["DR Kavedza"]
- Legal Topics
- Review of Sentence, Credit for Time Spent in Remand Custody, Section 333(2) Criminal Procedure Code, Non Compliance With Probation Terms, Repeated Offender
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
PETERSON KABERERE WANJIRA
Applicant
Republic
Respondent
Procedural Posture
Criminal Sentence Review Application / Ruling on Application
Legal Issues
- 1 Whether the trial court considered the time the applicant spent in remand custody when computing the sentence.
- 2 Whether the sentence should be reviewed in light of section 333(2) of the Criminal Procedure Code.
Ratio Decidendi
Although the court reaffirmed that section 333(2) CPC requires credit for time spent in custody, it found from the record that the applicant was a repeat offender and had twice failed to comply with probation terms, and that the sentence imposed by the trial court was therefore proper. The application for sentence review was thus lacking in merit.
Court Disposition
Application dismissed.
Orders
- The application for sentence review is dismissed.
- Orders accordingly.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT KIBERA** **MISC.APPLICATION NO. E045 OF 2026** PETERSON KABERERE WANJIRA…...….……………….……APPLICANT VERSUS REPUBLIC………………………………….……………….…. RESPONDENT **RULING** 1. The applicant was charged and convicted for the offence of Having or Conveying suspected stolen property contrary to section 323 of the Penal Code. He was sentenced to serve three (3) years imprisonment. 2. He filed the present application and an affidavit in support of his motion seeking sentence review. The arguments raised are that the trial court failed to consider the time he 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 considered in meting out the sentence where it is not hindered by other provisions of the law. 6. From the record, the fact that he was a repeated offender and has failed twice to adhere to the probation terms and conditions. I find that the sentence imposed by the trial court was proper. 7. In the premises, the application is found to be lacking in merit and is dismissed. Orders accordingly. **Ruling dated and delivered virtually this 25th Day of May 2026** **\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_** **D. KAVEDZA** **JUDGE**