Amos Ngolanya Masya v Republic

Masya v Republic (Criminal Revision E105 of 2026) [2026] KEHC 10184 (KLR) (13 July 2026) (Ruling) Neutral citation: [2026] KEHC 10184 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIBERA CRIMINAL REVISION E105 OF 2026 DR KAVEDZA, J JULY 13, 2026 BETWEEN AMOS NGOLANYA MASYA .................................................................. APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The applicant was charged and convicted of the ofience of dealing in wildlife trophy without a permit contrary to section 92(2) of the Wildlife Conservation and Management Act, 2013. He was sentenced to serve seven (7) years’ imprisonment. 2. The applicant has filed the present application dated 22nd June 2026 seeking sentence review. He contends that the trial court failed to consider the period spent in remand custody before sentencing, contrary to section 333(2) of the Criminal Procedure Code. He therefore urges the Court to revise the commencement date of his sentence. 3. I have considered the application, the grounds advanced, the record and the applicable law. 4. The proviso to section 333(2) of the Criminal Procedure Code imposes a mandatory duty on a sentencing court to consider the period an accused person has spent in lawful custody before sentence. This principle has been afirmed 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. It is therefore mandatory upon every sentencing court to consider the period spent in pre-trial custody unless the law expressly provides otherwise. The trial court record indicates that the applicant was arrested on 20th July 2020 and, was thereafter released on cash bail terms on 2nd July 2021. The applicant was therefore held in remand custody for a period of eleven (11) months and twelve (12) days prior to his conviction and sentence. From the record, that the period was not factored in during his sentencing. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10184/eng@2026-07-13 1

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