[2025] KEHC 2393 (KLR)
The court found that the record of proceedings at sentencing clearly indicated that the period the applicant spent in remand custody was excluded from the 20-year imprisonment sentence. Given that Section 333(2) of the Criminal Procedure Code is mandatory, the court held that the period of 1 year and 4 months (18...
Source-derived case information.
- Citation
- [2025] KEHC 2393 (KLR)
- Parties
- Applicant: Patrick Shitawa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Petition 47 of 2019
- Procedural Posture
- Criminal Petition / Ruling on Oral Application for Sentence Computation
- Outcome
- application allowed
- Judges
- E Ominde
- Legal Topics
- Sentencing, Remand Custody Credit, Sexual Offences, Defilement, Sentence Computation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick Shitawa
Applicant
Republic
Respondent
Procedural Posture
Criminal Petition / Ruling on Oral Application for Sentence Computation
Legal Issues
- 1 Whether the period spent in remand custody by the applicant should be factored into his sentence as mandated by Section 333(2) of the Criminal Procedure Code.
Ratio Decidendi
The court found that the record of proceedings at sentencing clearly indicated that the period the applicant spent in remand custody was excluded from the 20-year imprisonment sentence. Given that Section 333(2) of the Criminal Procedure Code is mandatory, the court held that the period of 1 year and 4 months (18 months) spent in remand must be computed as part of the applicant's sentence. The court therefore allowed the application and directed that the remand period be factored into the 20-year sentence imposed for the offence of defilement.
Court Disposition
application allowed
Orders
- The period of 1 year and 4 months spent in remand custody by the applicant shall be computed as part of his 20-year imprisonment sentence.
- Right of appeal within 14 days.
Full Case Text
Judgment text and source record
20 paragraphs
Shitawa v Republic (Criminal Petition 47 of 2019) [2025] KEHC 2393 (KLR) (6 March 2025) (Ruling)
Neutral citation: [2025] KEHC 2393 (KLR)
Republic of Kenya
In the High Court at Eldoret
Criminal Petition 47 of 2019
E Ominde, J
March 6, 2025
Between
Patrick Shitawa
Petitioner
and
Republic
Respondent
Ruling
1. The Petitioner herein moved this Court by way of an oral application on 13th February 2025. He prays to Court that as provided under Section 333(2) of the Criminal Procedure Code, the Court considers and factors into his sentence the period of 18 months that he was in remand custody during the trial.
2. He states that he was charged with the offence of defilement contrary to Section 8(1) as read with Section 8(3) of the Sexual Offences Act No. 3 of 2006, convicted and sentenced to 20 years’ imprisonment.
3. Counsel for the State in his oral response to this Application stated that for reasons that the cited provision of the law is mandatory and that if the applicant was indeed in remand custody as stated, he concedes that the period of 18 months can be factored into the applicant’s 20-year sentence.
4. I have perused the record of proceedings of sentencing. It clearly indicates that the period that the applicant spent in remand was excluded from the 20-year imprisonment sentence. I agree with the prosecution that this provision is mandatory and so without much ado, I allow the Application and direct the period of 1 year and 4 months that the applicant spent in remand be computed in his sentence of 20 years’ imprisonment.
5. Right of Appeal 14 days
READ DATED AND SIGNED AT ELDORET ON 6TH MARCH 2025. E. OMINDEJUDGE