REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KIBERA CRIMINAL REVISION NO. E075 OF 2026 ERICK KIPNGENO CHERUIYOT...…………...…………………… APPLICANT VERSUS REPUBLIC…………………………………………………..…...RESPONDENT RULING. 1. The applicant was charged with and convicted for the offence of dealing in trophy of endangered wildlife species contrary to section 92(2) as read with section 105(1)(A) of the Wildlife Conservation and Management Act Cap 376 Laws of Kenya. He was sentenced to serve five years imprisonment to run from the date of arrest. 2. The applicant has filed the present application 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 affirmed by the Court of Appeal in Ahamad Abolfathi Mohammed & Another v Republic [2018] eKLR and Bethwel Wilson Kibor v Republic [2009] Page 1 of 2
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eKLR, and by the High Court in Vincent Sila Jona & 87 Others v Kenya Prison Service & 2 Others [2021] eKLR. 5. It is mandatory for every sentencing court to take into account the period an accused has spent in pre-trial custody, unless the law expressly provides otherwise. 6. The record shows that, at the time of sentencing, the trial court expressly directed that the applicant's sentence would run from the date of arrest. It is therefore evident that the period spent in remand custody was duly considered in compliance with section 333(2) of the Criminal Procedure Code. 7. Accordingly, the applicant's sentence of five (5) years' imprisonment shall run from 3rd December 2024, being the date of arrest, in accordance with section 333(2) of the Criminal Procedure Code, Cap. 75, Laws of Kenya. Orders accordingly. Ruling dated and delivered virtually this 16 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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