REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KIBERA CRIMINAL REVISION NO. E098 OF 2026 MUTUA MWANGANGI……………………………………APPLICANT VERSUS REPUBLIC……………………………………………………..RESPONDEN T RULING. 1. The applicant was charged and convicted of the offence of Dealing in endangered wildlife species on two Counts. He was sentenced to pay a fine of Kshs. 500,000 in default to serve two (2) years' imprisonment. On Count II, he was sentenced to pay a fine of Kshs. 100,000 in default to serve 5 years’ imprisonment. 2. He filed the present application and an affidavit in support of his motion seeking sentence review. The arguments raised are that the trial court failed to consider the time he spent in remand custody during the computation of his sentence. 3. I have considered the application, the affidavit in support and the applicable law. I have also considered the trial court record. The issue for consideration is whether the trial court considered the time the applicant spent in remand custody. 4. The proviso to section 333(2) of the Criminal Procedure Code obligates the court to consider 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.
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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. 5. It is therefore clear that it is mandatory that the period which an accused has been held in custody prior to being sentenced be considered in meting out the sentence where it is not hindered by other provisions of the law. 6. From the record, the trial court in its sentencing failed to indicate that the time spent in remand custody had been specifically considered. 7. In the premises, the application is allowed. The sentence of seven (7) years’ shall run from 28 th April 2022, the date of the applicant’s arrest pursuant to section 333(2) of the Criminal Procedure Code. Orders accordingly. Ruling dated and delivered virtually this 2nd day of July 2026 _______________ D. KAVEDZA JUDGE
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