The High Court held that the applicant’s sentence must run from the date of arrest, applying section 333(2) of the Criminal Procedure Code to custody time.
The Court of Appeal allowed the sentence appeal and held that the 15-year term must run from the date the appellant was arraigned, after time in custody was ignored.
The High Court dismissed a revision application for sentence review, finding the trial court had already considered time spent in custody and the court was functus officio.
The High Court allowed a sentence review, holding that time spent in remand custody had to be counted under section 333(2) of the Criminal Procedure Code.
The High Court partly allowed a sentence review, directing that time spent in custody be counted from the remand date under section 333(2), but رفضed a non-custodial sentence.
The High Court dismissed a criminal petition seeking reconsideration of sentence, holding the matter was already finally determined and the court lacked jurisdiction to reopen it.
The High Court at Kisumu dismissed an application to backdate sentence commencement under section 333(2), holding it had no jurisdiction after the Court of Appeal had already ruled on the issue.
Chamwada alias Doctor v Republic [2025] KEHC 9057 (KLR)
Court
High Court
Case number
Criminal Petition E001 of 2023
Judge
JN Kamau
The court found that the mandatory minimum sentence of twenty years imprisonment for defilement under Section 8(3) of the Sexual Offences Act is lawful and binding, following the Supreme Court's recent decision that affirmed the lack of judicial discretion to impose sentences below statutory minimums for such offences. The petitioner's arguments regarding the unconstitutionality of mandatory minimum sentences and his personal circumstances, including rehabilitation and family responsibilities, could not override the binding precedent. However, the court held that the period the petitioner spe…
Anjere v Director of Public Prosection [2025] KEHC 9004 (KLR)
Court
High Court
Case number
Criminal Revision E491 of 2024
Judge
S Mbungi
The High Court partly allowed a sentence revision application, holding it could not revisit its own appellate sentence but could correct failure to credit time spent in custody.
Neondo v Director of Public Prosecution [2025] KEHC 9003 (KLR)
Court
High Court
Case number
Miscellaneous Criminal Application E188 of 2024
Judge
S Mbungi
The High Court held that the applicant’s pre-sentence custody had to be counted under section 333(2) CPC, and ordered his 12-year sentence to run from the date of arrest.