Abdalla Athman v Republic

Athman v Republic (Criminal Revision E039 of 2025) [2026] KEHC 1664 (KLR) (17 February 2026) (Ruling) Neutral citation: [2026] KEHC 1664 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT GARSEN CRIMINAL REVISION E039 OF 2025 JN NJAGI, J FEBRUARY 17, 2026 BETWEEN ABDALLA ATHMAN .............................................................................. APPELLANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The Applicant has filed an undated application seeking that the time spent in custody waiting trial be considered. 2. I have perused the lower court’s file and noted that the Applicant was arrested on 25/2/2025 and was sentenced on 8/7/2025 of the charges he was facing , he was sentenced in count 2 to pay a fine of Kshs.5,000/= in default to serve 30 days imprisonment. In count 3 he was sentenced to a fine of Kshs.20,000/= in default to serve 6 months imprisonment. Sentences were ordered to run consecutively. That means that he was to spend a total of 7 months in prison in case he did not pay the fine. The trial court when sentencing the Applicant stated that it had considered the pre-trial custody. 3. In view of the fact that the trial court had considered that pre-trial detention when it sentenced the Applicant to a total of 7 months imprisonment, the Application ought to have by now completed the 7 months. 4. In view of the foregoing, the application herein is dismissed. DELIVERED, DATED AND SIGNED AT GARSEN THIS 17TH DAY OF FEBRUARY 2026. J. N. NJAGI JUDGE In the presence of: https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/1664/eng@2026-02-17 1

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