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Kenya decisions
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Anyul alias Olaola v Republic [2025] KEHC 10603 (KLR)
The High Court allowed a revision application and directed that pre-sentence custody from 1 September 2022 to 27 February 2023 be credited toward a 12-year sentence.
Odoyo v Republic [2025] KEHC 10147 (KLR)
High Court allowed an application to have pre-sentence custody counted toward a 20-year sentence, directing that time spent in custody be included under section 333(2).
Shitandi v Republic [2025] KEHC 9316 (KLR)
The High Court ordered that a 15-year sentence for robbery with violence run from the date of arrest, after finding pre-sentence custody had not been counted.
Ongana v Republic [2025] KEHC 9284 (KLR)
The High Court revised a sentence to account for pre-sentence custody under section 333(2) of the Criminal Procedure Code and ordered the term to run from the custody date.
Ochieng v Republic [2025] KEHC 9319 (KLR)
The High Court at Kisumu held that Polycap Ochieng’s 7-year sentence must be computed from the date he was first remanded in custody, applying section 333(2).
Okuku v Republic [2025] KEHC 7160 (KLR)
The court held that the appellant could not benefit from the High Court decisions declaring statutory minimum sentences unconstitutional, as those decisions had been overruled by the Supreme Court in Republic v Mwangi; Initiative for Strategic Litigation in Africa (ISLA) & 3 others. The minimum sentence of twenty years for defilement under section 8(3) of the Sexual Offences Act is constitutional and must be imposed. However, the trial court erred by failing to consider the period the appellant spent in pre-trial custody, as mandated by section 333(2) of the Criminal Procedure Code. The appea…
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Oduor v Republic [2025] KEHC 6632 (KLR)
The court found that the trial court erred by failing to consider the period the appellant spent in pre-arraignment and pre-trial custody, as required by section 333(2) of the Criminal Procedure Code. The appellant was entitled to have the period from 8th February 2019 to 2nd December 2019 deducted from his fifteen-year sentence. The court rejected the appellant's argument regarding the unconstitutionality of minimum mandatory sentences, citing the Supreme Court's recent decision affirming their constitutionality. The sentence imposed was otherwise lawful, given the age of the complainant and…
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Kyalo v Office of the Public Prosecution [2025] KEHC 9384 (KLR)
The High Court at Makueni revised a stock theft sentence after finding the trial court had not taken account of pre-sentence custody under section 333(2) CPC.
Owuor & another v Republic [2025] KEHC 6135 (KLR)
The High Court reviewed two prison sentences because pre-sentence custody was not considered under section 333(2) of the Criminal Procedure Code.
Nyambura v Republic [2025] KEHC 3347 (KLR)
The applicant's case did not meet the threshold for revision because the trial court fully complied with Section 333 (2) of the Criminal Procedure Code by taking into account the period spent in lawful custody, and the sentence was lawful and not demonstrably harsh or excessive considering the applicant was not a first offender.
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