Search court decisions

…Provided that where the person sentenced under subsection (1) has, prior to such sentence, been held in custody, the sentence shall take account of the period spent in custody” (emphasis court). 17.…

…May court consider the period I have spent in remand.” (emphasis court). 23. In response thereof, the Trial Court rendered itself as follows:- “I have considered the general circumstances of this case.…

…He thus spent one (2) years eight (8) months and two (2) days in custody before he was sentenced. 16.…

…A reading of the Trial Court’s Sentence showed that it did not take into account the time that he spent in remand before sentencing him.…

…On 15 th May 2024, he filed the Notice of Motion application dated 6 th May 2024 seeking an order that the period of one (1) year, two (2) months he spent in remand from 18 th May 2022 to 10 th July 2023 be considered as…

…The following mitigating factors were set out by the Supreme Court as particularly relevant in a resentencing hearing:… (ix) Time already spent in prison by the convict…” The requirement under Section 333(2) of the Criminal…

…Provided that where the person sentenced under subsection (1) has, prior to such sentence, been held in custody, the sentence shall take account of the period spent in custody (emphasis court)”. 6.…

…He thus spent nine (9) months and twenty eight (28) days in custody before he was sentenced. 9.…

…Turning to the period that he spent in custody while his trial was ongoing, this court had due regard to Section 333(2) of the Criminal Procedure Code Cap 75 (Laws of Kenya).…

…He thus spent about three (3) months and fifteen (15) days in custody before he was sentenced.…

…Applicant invoked Section 333(2) of the Criminal Procedure Code and placed reliance on the case of Ahamad Abolfathi Mohammed & Another [2018]eKLR where it was held that courts were obliged to take into account the period spent…

…The Respondent was not opposed to his application and agreed that this court may review the period that he spent in custody while the trial was ongoing. 6.…

…Provided that where the person sentenced under subsection (1) has, prior to such sentence, been held in custody, the sentence shall take account of the period spent in custody” (Emphasis Court).…

…As it was not exactly clear to this court how much time he spent in remand before 16th December 2019, if at all, it found it prudent to calculate the said period from the date he was re-arrested on 19th August 2020.…

…Provided that where the person sentenced under subsection (1) has, prior to such sentence, been held in custody, the sentence shall take account of the period spent in custody” (Emphasis Court).…

…He thus spent ten (10) months and three (3) days in custody before he was sentenced. A reading of the Trial Court’s Sentence showed that it did not take into consideration the time he spent in remand before sentencing.…

…He thus spent six (6) months and sixteen (16) days in custody before he was sentenced. 10.…

…A reading of the Trial Court’s Sentence showed that it did not take into account the time that he spent in remand before sentencing him.…

…He pleaded with court to consider the time he had spent in remand custody while reviewing his sentence. He averred that he was remorseful, rehabilitated and reformed.…

…The following mitigating factors were set out by the Supreme Court as particularly relevant in a resentencing hearing:… (ix) Time already spent in prison by the convict…” The requirement under Section 333(2) of the Criminal…

…On 26 th September 2025, he filed the undated Notice of Motion application herein seeking that the period he spent in remand during trial be considered under Section 333(2) of the Criminal Procedure Code. 5.…

…was pronounced, except where otherwise provided in this Code Provided that where the person sentenced under subsection (1) has, prior to such sentence, been held in custody, the sentence shall take account of the period spent…

…LEGAL ANALYSIS The Applicant submitted that he was arrested at the age of twenty-nine (29) years and had spent nine (9) years in prison.…

…He urged the court to consider his age and the period spent in custody and review his sentence based on the fact that his relatives, friends and neighbors were willing to embrace his resettlement.…

…On 21st June 2024, he filed a Notice of Motion application dated 21st May 2024 seeking that the period that he spent in remand while the trial was ongoing be taken into account.…

…The following mitigating factors were set out by the Supreme Court as particularly relevant in a resentencing hearing:… Time already spent in prison by the convict…” 12.…

…Going further, so, this court was mandated to consider the period the Applicant spent in remand while his trial was ongoing as provided in Section 333(2) of the Criminal Procedure Code.…

…Provided that where the person sentenced under subsection (1) has, prior to such sentence, been held in custody, the sentence shall take account of the period spent in custody (emphasis court)”.…

…On 17 th July 2025, they filed Notice of Motion application dated 17 th June 2025 seeking an order that the time they spent in custody during trial be taken into account while computing their sentences pursuant to Section…

…The following mitigating factors were set out by the Supreme Court as particularly relevant in a resentencing hearing:… Time already spent in prison by the convict…” 7.…

…He urged the court to consider the period of two (2) years and seven (7) months that he had spent in remand during trial from 26th August 2019 when he was arrested as part of his sentence pursuant to Section 333(2) of the…

…Provided that where the person sentenced under subsection (1) has, prior to such sentence, been held in custody, the sentence shall take account of the period spent in custody (emphasis court)”. 5.…

…Provided that where the person sentenced under subsection (1) has, prior to such sentence, been held in custody, the sentence shall take account of the period spent in custody” (Emphasis Court).…

…He thus spent one (1) year, five (5) months and eighteen (18) days in custody before he was sentenced.…

…He averred that he had spent two (2) years in prison and had learnt his lesson.…

…He pointed out that the two (2) years he had spent in custody had shaped his life. He promised never to engage in any criminal activities.…

…Provided that where the person sentenced under subsection (1) has, prior to such sentence, been held in custody, the sentence shall take account of the period spent in custody” (Emphasis Court). 7.…

…He thus spent one (1) year eight (8) months and thirteen (13) days in custody before he was sentenced. 10.…

…He urged the court to consider the period of eight (8) years he had spent in prison since his arrest and conviction.…

…He urged the court to consider the one (1) and a half (½) years that he had spent in custody since his arrest until when he was sentenced pursuant to Section 333(2) of the Criminal Procedure Code.…