REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KIBERA CRIMINAL REVISION NO. E074 OF 2026 HUSSEIN MUSA…………………….....…..…...………..……… APPLICANT VERSUS REPUBLIC………………………………………………..... …...RESPONDENT RULING. 1. The applicant was charged and convicted for the offence of Trafficking in Drugs contrary to section 4(a)(i) of the Narcotic Drugs and Psychotropic Substances (Control) Act No. 4 of 1994. He was sentenced to pay a fine of Kshs. 30,000,000 million in default to serve one-year imprisonment. 2. The applicant has now filed an application seeking sentence review. The arguments raised are that the trial court failed to consider the time spent in remand custody during the computation of his sentence. He urged the court to revise the sentence imposed. 3. I have considered the application, the arguments in support and the applicable law. 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. Republic [2009] eKLR and more recently in the High Court Page 1 of 2
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case of Vincent Sila Jona & 87 others vs Kenya Prison Service & 2 others [2021] eKLR. 5. It is therefore mandatory for a sentencing court to consider the period an accused person has spent in custody before sentence, unless otherwise precluded by law. 6. The Applicant was arrested on 20 th August 2025 and remained in custody throughout the trial until his conviction on his own guilty plea on 7th October 2025. I have perused the original trial court record and note that the trial court failed to consider the time was held in remand custody during sentencing since he was never released on bail/bond. 7. In the premises, the application is allowed. The sentence imposed by the trial court shall be run from 20 th August 2025 the date of the applicant’s arrest pursuant to section 333(2) of the Criminal Procedure Code, Cap 75 Laws of Kenya. Orders accordingly. Ruling dated and delivered virtually this 6 th day of July 2026. __________________ D. KAVEDZA JUDGE In the presence of: Applicant Present Mutuma for the Respondent Karimi Court Assistant. Page 2 of 2
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