[2025] KEHC 5323 (KLR)

[2025] KEHC 5323 (KLR)

The court found that section 333(2) of the Criminal Procedure Code obligates sentencing courts to deduct the period an accused person spent in remand custody from the final sentence imposed. The applicant was arrested on 6th February 2018 and sentenced on 8th March 2019, amounting to 1 year and 1 month in remand...

Source-derived case information.

Citation
[2025] KEHC 5323 (KLR)
Parties
Applicant: Kennedy Kipkoech Too; Respondent: Republic
Court
High Court
Court Station
High Court at Eldoret
Jurisdiction
Kenya
Judgment Date
29 April 2025
Case Number
Criminal Petition E082 of 2023
Procedural Posture
Criminal Petition / Ruling on Application for Sentence Review Under Section 333(2) of the Criminal Procedure Code
Outcome
application allowed
Judges
RN Nyakundi
Legal Topics
Remand Custody Credit, Sentence Review, Constitutional Rights in Sentencing
Source Language
english
Criminal Law Remand Custody Credit Sentence Review Constitutional Rights in Sentencing

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Parties

Kennedy Kipkoech Too

Applicant

Republic

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant is entitled to have his sentence reduced by the period spent in remand custody under section 333(2) of the Criminal Procedure Code.
  2. 2 Whether the failure to consider time spent in remand custody contravenes the applicant's constitutional rights.

Ratio Decidendi

The court found that section 333(2) of the Criminal Procedure Code obligates sentencing courts to deduct the period an accused person spent in remand custody from the final sentence imposed. The applicant was arrested on 6th February 2018 and sentenced on 8th March 2019, amounting to 1 year and 1 month in remand custody. The sentencing court failed to account for this period. The omission contravened both statutory and constitutional requirements, including the right to a fair trial and protection from excessive punishment. The High Court, exercising its supervisory jurisdiction, ordered that the applicant's committal warrant be amended to reflect the commencement of sentence from the...

Court Disposition

application allowed

Orders

  • The applicant's sentence shall be reduced by the period of 1 year and 1 month spent in remand custody.
  • The committal warrant to prison shall be amended to reflect the commencement of sentence from 6th February 2018, the date of arrest.