Peter Ruchui Karanja v Republic

Karanja v Republic (Constitutional Criminal Petition E007 of 2026) [2026] KEHC 7504 (KLR) (3 June 2026) (Ruling) Neutral citation: [2026] KEHC 7504 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIBERA CONSTITUTIONAL CRIMINAL PETITION E007 OF 2026 DR KAVEDZA, J JUNE 3, 2026 BETWEEN PETER RUCHUI KARANJA ................................................................ PETITIONER AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The petitioner, jointly with another not before this court, was charged and convicted on two counts of robbery with violence, contrary to Section 296(2) of the Penal Code. He was also charged and convicted of possessing an imitation firearm with intent to commit a felony, contrary to Section 34(1) of the Firearm Act, Cap 114, Laws of Kenya. The trial court sentenced the petitioner to death for counts I and II, and to three years' imprisonment for count III. The petitioner subsequently filed an appeal before this court in Nairobi Criminal Appeal No. 64 of 2018. 2. The petitioner’s appeal against conviction and sentence partially succeeded. The conviction in counts I & II was substituted with a conviction on robbery contrary to section 296(1) of the Penal Code. The death sentence for counts I and II was substituted with a term of twenty (20) years' imprisonment for each count. The sentence for count III was upheld. Additionally, the overall sentence was reduced by five (5) years, accounting for the period the petitioner spent in remand custody. 3. He filed the present petition challenging the sentence on the ground that the court failed to consider the time spent in remand custody pursuant to section 333(2) of the Criminal Procedure, Cap 75 Laws of Kenya. 4. From the record, vide the ruling of this court delivered on 3rd October 2024, this court considered the time spent in remand custody. In the premises, the application is found to be lacking in merit and is dismissed. Orders accordingly. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7504/eng@2026-06-03 1

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