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Case Brief · caselaw.co.ke
Court of AppealPartially AllowedNot stated in the judgment

Egesa v Republic (Criminal Appeal E177 of 2022) [2026] KECA 984 (KLR)

Court of Appeal of Kenya
18 May 2026
182 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~1 min to read original · ~4 min brief

The bottom line

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Kenya's Court of Appeal confirmed that time spent in prison before sentencing must be deducted from a convict's sentence.

What this practically means

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Executive summary

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This is a short Court of Appeal decision delivered at Eldoret on 18th May 2026 by a bench of Gachonga, Korir and Ndolo, JJA, disposing of a criminal appeal by a serving prisoner. When the appeal was called, the appellant appeared virtually from Eldoret Main Prison while the respondent was represented by Mr. Okoth, an Assistant Director of Public Prosecutions. The appellant limited the appeal entirely to the question of sentence, praying that the period he had spent in custody during the trial be taken into account in computing his sentence. Counsel for the respondent conceded that the trial court had not taken the period of custody during the trial into account. On that concession, the Court allowed the appeal to the limited extent that the period spent in pre-sentence custody between 24th November 2014 and 18th January 2016 shall be taken into account in the computation of the appellant's sentence. The judgment contains no analysis of conviction, no citation of authorities or statutory provisions, no separate opinions, and no costs order. Its binding value lies in the settled principle that time spent in custody during trial must be credited against the sentence ultimately imposed.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the period spent by the appellant in pre-sentence custody during the trial should be taken into account in the computation of his sentence

Key legal issues

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01

Credit for time spent in pre-sentence custody

Holding

The appeal was allowed to the limited extent that the appellant's pre-trial and pre-sentence custody must be credited against his sentence.

Reasoning

The appellant, appearing virtually from prison, limited the appeal to sentence and sought that the period spent in custody during trial be taken into account. The respondent's counsel, the Assistant Director of Public Prosecutions, conceded that the trial court had not taken that period into account. On that concession the Court allowed the appeal solely on computation of the sentence, fixing the custody period as 24th November 2014 to 18th January 2016. No other ground was adjudicated.

p. 1

Legal principles established

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  • The period spent by an accused person in custody during trial, before sentencing, must be taken into account in the computation of the sentence imposed.

Court orders

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  1. 1.That the appeal is allowed to the extent that the period spent in pre-sentence custody between 24th November 2014 and 18th January 2016 shall be taken into account in the computation of the appellant's sentence

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority
majority
majority
Jurisdiction invoked
Not stated in the judgment (first appellate/criminal appeal jurisdiction of the Court of Appeal inferred from the hearing of a criminal appeal; no constitutional or statutory provision is cited)

Relief refused

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Any wider challenge to the conviction or the sentence itself

The appellant expressly limited the appeal to the question of sentence only, confined to credit for time spent in custody during trial

p. 1

Costs

No costs order is recorded in the judgment

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

the appellant's appeal is allowed to the extent that the period spent in pre-sentence custody between 24th November 2014 and 18th January 2016 shall be taken into account in the computation of the appellant's sentence.
p. 1Final orders - credit for pre-sentence custody

Issues in the judgment

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material

The judgment does not state the appeal case number, the lower court decision, the offence, the sentence imposed, or any costs order, which limits the brief's identifiability.

minor

No judge is identified as authoring the single judgment; only a signature block appears.

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Egesa v Republic (Criminal Appeal E177 of 2022) [2026] KECA 984 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/984/eng@2026-05-18

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.