Stephen v Republic (Criminal Revision E035 of 2025) [2026] KEHC 7202 (KLR) (20 May 2026) (Ruling) Neutral citation: [2026] KEHC 7202 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIBERA CRIMINAL REVISION E035 OF 2025 DR KAVEDZA, J MAY 20, 2026 BETWEEN IGBOKE OKECHUKWU STEPHEN ..................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The applicant was charged and, after full trial, convicted of trafficking in narcotic drugs contrary to section 4(a) of the Narcotic Drugs and Psychotropic Substances (Control) Act. He was sentenced to five (5) years’ imprisonment. 2. He now applies for sentence review. The sole ground advanced is that the trial court allegedly failed to take into account the period spent in remand custody in the computation of sentence. 3. I have considered the application, the supporting affidavit, and the applicable law, together with the trial court record. The issue for determination is whether the sentencing court complied with the mandatory requirement under section 333(2) of the Criminal Procedure Code. 4. The proviso to section 333(2) of the Criminal Procedure Code requires a sentencing court to take into account the period an accused person has spent in custody prior to sentencing. This position has been consistently affirmed by the Court of Appeal in Ahamad Abolfathi Mohammed & Another v Republic [2018] eKLR and Bethwel Wilson Kibor v Republic [2009] eKLR, and by the High Court in Vincent Sila Jona & 87 others v Kenya Prison Service & 2 others [2021] eKLR. 5. The principle is settled that time spent in remand custody must be factored into sentence unless expressly excluded by law, and failure to do so would render the sentence unlawful to that extent. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7202/eng@2026-05-20 1
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6. However, upon review of the trial court record, I am satisfied that the sentencing court duly considered the period the applicant spent in remand custody prior to sentencing. The sentence imposed was therefore lawful and properly computed. 7. Accordingly, no basis has been established for this Court to interfere with or review the sentence. The application is devoid of merit and is hereby dismissed. Orders accordingly. RULING DATED AND DELIVERED VIRTUALLY THIS 20TH DAY OF MAY 2026 D. KAVEDZA JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7202/eng@2026-05-20 2
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