https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7520
The court found that the applicant had spent ten months and sixteen days in remand custody before release, that this period was not factored into the original sentence, and that section 333(2) of the Criminal Procedure Code made consideration of that period mandatory. The sentence was therefore revised to deduct the...
Source-derived case information.
- Citation
- [2026] KEHC 7520 (KLR)
- Parties
- Applicant: Ralph Jacob Wandera; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E047 of 2026
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review Application
- Outcome
- Application allowed.
- Judges
- ["DR Kavedza"]
- Legal Topics
- Sentence Review, Remand Custody Credit, Section 333(2) of the Criminal Procedure Code, Grievous Harm Sentencing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ralph Jacob Wandera
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review Application
Legal Issues
- 1 Whether the trial court failed to credit the applicant with time spent in remand custody under section 333(2) of the Criminal Procedure Code.
- 2 Whether the sentence should be reduced to account for the pre-sentence custody period.
Ratio Decidendi
The court found that the applicant had spent ten months and sixteen days in remand custody before release, that this period was not factored into the original sentence, and that section 333(2) of the Criminal Procedure Code made consideration of that period mandatory. The sentence was therefore revised to deduct the remand period.
Court Disposition
Application allowed.
Orders
- The sentence of seven years imprisonment shall be computed less by ten months and sixteen days spent in remand custody pursuant to section 333(2) of the Criminal Procedure Code, Cap 75 Laws of Kenya.
- Orders accordingly.
Full Case Text
Judgment text and source record
1 paragraphs
Wandera v Republic (Criminal Revision E047 of 2026) [2026] KEHC 7520 (KLR) (3 June 2026) (Ruling) Neutral citation: [2026] KEHC 7520 (KLR) Republic of Kenya In the High Court at Kibera Criminal Revision E047 of 2026 DR Kavedza, J June 3, 2026 Between Ralph Jacob Wandera Applicant and Republic Respondent Ruling 1.The applicant was charged and after a full trial convicted for the offence of grievous harm contrary to section 234 of the Penal Code. He was sentenced to serve seven (7) years imprisonment. 2.The applicant has filed the present undated application seeking sentence review. The grounds in support of the application are that the trial court failed to consider the time spent in remand custody (one year) during the computation of his sentence. 3.The proviso to section 333(2) of the Criminal Procedure Code obligates the court to consider 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. 4.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. 5.From the record, the applicant was arrested on 26th October 2024. He was arraigned in court for take plea. He was released on 11th September 2025. He therefore spent ten (10) months and sixteen (16) days in remand custody. From the record, it is clear that the period was not factored in during his sentencing. Guided by the law, the court is of the view that the application ought to be considered, as failure to do so would amount to denying the applicant a right due to the failure of the court to discharge an obligation bestowed upon it by law. 6.I thus allow the application. In the premises, I make the following orders: the sentence of seven (7) years imprisonment shall be computed less by ten (10) months and sixteen (16) days spent in remand custody pursuant to section 333(2) of the Criminal Procedure Code, cap 75 Laws of Kenya.Orders accordingly. RULING DATED AND DELIVERED VIRTUALLY THIS 3RD DAY OF JUNE, 2026.D. KAVEDZAJUDGE