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Kenya decisions
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Sande v Republic [2025] KEHC 6915 (KLR)
The High Court at Eldoret held that the applicant was only entitled to 4 months’ credit under section 333(2) CPC, based on the trial record, not the 4 years claimed.
Masika v Republic [2025] KEHC 6902 (KLR)
The court held that Section 333(2) of the Criminal Procedure Code requires that any period spent in pre-trial custody must be taken into account when passing sentence. The applicant, having spent one year and ten months in remand custody prior to conviction and sentencing, is entitled to have this period deducted from the four-year custodial sentence imposed. The rationale is to ensure that the total period of incarceration does not exceed what is just and fair, and to give effect to the constitutional rights to fair trial and reasonable duration of proceedings. The court found that the commi…
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Omwenga v Republic [2025] KEHC 5505 (KLR)
The High Court held it could not reduce the trial sentence, but it reviewed the commencement date so the 15-year term runs from 18 March 2013.
Okumu v Republic [2025] KEHC 4539 (KLR)
The High Court at Busia dismissed an application to reduce a murder sentence, holding it lacked jurisdiction to revisit a sentence it had already imposed.
Simiyu v Republic [2025] KEHC 4346 (KLR)
The High Court held that the petitioner was entitled to credit for 1 year, 2 months and 14 days spent in remand custody and ordered the sentence amended.
Solomon v Republic [2025] KEHC 4620 (KLR)
The High Court held that the trial court failed to account for 15 months of pre-sentence custody and adjusted the sentence under section 333(2).
Mbuthu alias Ngima v Republic [2025] KEHC 8870 (KLR)
The High Court at Voi allowed a criminal revision and held that the applicant’s 15-year sentence should run from the date of first arraignment, accounting for remand time.
Muhatia v Republic [2025] KEHC 1555 (KLR)
The court found that the trial court had correctly applied the requirements of Section 333(2) of the Criminal Procedure Code by explicitly taking into account the period the applicant had spent in custody when imposing the sentence.
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Injiri v Republic [2025] KEHC 2032 (KLR)
The High Court at Kakamega allowed an application under section 333(2) CPC and reduced a 30-year sentence by 8 months and 11 days for time spent in custody.
Odera alias Ezekiah v Republic [2024] KEHC 16124 (KLR)
The High Court declined a murder convict’s request for sentence reduction, holding that the application lacked supporting material and court records.
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