[2025] KEHC 9316 (KLR)

[2025] KEHC 9316 (KLR)

The High Court found that the trial and appellate courts failed to comply with section 333(2) of the Criminal Procedure Code by not considering the applicant's pre-sentence custody period. The applicant was arrested on 14 October 2016 and remained in custody until sentencing. The court held that the sentence of 15 years' imprisonment should commence from the date of arrest, as required by law. The court exercised its supervisory jurisdiction to correct the omission and ensure the applicant's sentence was computed in accordance with statutory provisions.

Citation
[2025] KEHC 9316 (KLR)
Parties
Applicant: Atnas Nandi Shitandi; Respondent: Republic
Court
High Court
Court Station
High Court at Kakamega
Jurisdiction
Kenya
Judgment Date
30 June 2025
Case Number
Miscellaneous Criminal Application E125 of 2024
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Sentence Computation Under Section 333(2) of the Criminal Procedure Code
Outcome
application allowed
Judges
S Mbungi
Legal Topics
Sentencing Principles, Computation of Sentence, Pre Sentence Custody, Supervisory Jurisdiction, Criminal Procedure, Rights of Accused
Source Language
English
Criminal Law Sentencing Principles Computation of Sentence Pre Sentence Custody Supervisory Jurisdiction Criminal Procedure Rights of Accused

Case Brief

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Parties

Atnas Nandi Shitandi

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Application for Sentence Computation Under Section 333(2) of the Criminal Procedure Code

Legal Issues

  1. 1 Whether the applicant is entitled to have the period spent in custody prior to sentencing considered in the computation of his sentence under section 333(2) of the Criminal Procedure Code.
  2. 2 Whether the trial and appellate courts erred by failing to take into account the applicant's pre-sentence custody period.

Ratio Decidendi

The High Court found that the trial and appellate courts failed to comply with section 333(2) of the Criminal Procedure Code by not considering the applicant's pre-sentence custody period. The applicant was arrested on 14 October 2016 and remained in custody until sentencing. The court held that the sentence of 15 years' imprisonment should commence from the date of arrest, as required by law. The court exercised its supervisory jurisdiction to correct the omission and ensure the applicant's sentence was computed in accordance with statutory provisions.

Court Disposition

application allowed

Orders

  • The applicant's sentence of 15 years' imprisonment shall commence from the date of arrest, being 14 October 2016, pursuant to section 333(2) of the Criminal Procedure Code.
  • Right of appeal within 14 days.