REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KIBERA CRIMINAL REVISION NO. E026 OF 2026 IFA MOHAMMUD…………....…..…..…………..………APPLICANT VERSUS REPUBLIC……………………………………………….. …...RESPONDENT RULING. 1. The applicant was charged and convicted for the offence of Burglary contrary to Section 304 (2) of the Penal Code. She was sentenced to serve three (3) years imprisonment. She has now filed an application seeking revision of sentence. 2. She filed an affidavit in support of his motion. The arguments raised are that the trial court failed to consider the time she spent in remand custody during the computation of her sentence. 3. The proviso to section 333 (2) of the Criminal Procedure Code obligates the court to take into account the time already spent in custody. The duty to take in account the period an accused person had remained in custody in sentencing under the proviso to section 333(2) of the Criminal Procedure Code which is couched in mandatory terms was acknowledged by the Court of Appeal in Ahamad Abolfathi Mohammed & Another vs. Republic [2018] eKLR and Bethwel Wilson Kibor vs. Republic [2009] eKLR and more recently in the High Court case of Vincent Sila Jona & 87 others vs Kenya Prison Service & 2 others [2021] eKLR. 4. It is therefore clear that it is mandatory that the period which an accused has been held in custody prior to being sentenced
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be taken into account in meting out the sentence where it is not hindered by other provisions of the law. 5. I have perused the original record and I find the trial court considered the mitigation before sentencing the applicant. The court further noted that the time the accused had spent one year in remand custody which the court considered. The court pointed out that the law provides for a custodial sentence of a maximum of ten (10) years. However, in consideration of the mitigation and the one year spent in remand custody, she was sentenced to three (3) years imprisonment. 6. The upshot of the above is that the application is dismissed for lacking in merit. Orders accordingly. Ruling dated and delivered virtually this 16 th day of June 2026. __________________ D. KAVEDZA JUDGE In the presence of: Applicant Present Mutuma for the Respondent Karimi Court Assistant.
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