Laban Psinene v State

Psinene v State (Criminal Revision E033 of 2025) [2025] KEHC 13961 (KLR) (30 September 2025) (Ruling) Neutral citation: [2025] KEHC 13961 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KAPENGURIA CRIMINAL REVISION E033 OF 2025 RPV WENDOH, J SEPTEMBER 30, 2025 (FROM ORIGINAL CONVICTION AND SENTENCE IN CRIMINAL CASE NO. 453 OF THE SPM'S COURT) BETWEEN LABAN PSINENE ..................................................................................... APPLICANT AND STATE .................................................................................................... RESPONDENT RULING 1. The applicant, Laban Psinen was convicted for the ofience of Grievous harm contrary to section 234 of the Penal Code. The case proceeded to full trial and he was sentenced to serve three (3) years imprisonment. 2. He has approached this court for review of his sentence to have the period spent in remand included in the sentence. 3. Under section 333 (2) of the Criminal Procedure Code the court is required to take into account the period a convict has spent in remand at the time of sentencing. I have read the ruling of the court on sentence. The trial court did not indicate that it had taken into account the period that the applicant spent in remand. 4. The applicant was arraigned before the court on 17/5/2024. He was sentenced on 24/12/2024. He was in remand for about seven (7) months. This court directs that the period of about seven (7) months spent in remand be taken into account and his sentence should therefore commence on 17/5/2024. It is so ordered. RULING DELIVERED, DATED AND SIGNED AT KAPENGURIA THIS 30TH DAY OF SEPTEMBER, 2025. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/13961/eng@2025-09-30 1

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