Baariu v Republic (Criminal Revision E018 of 2025) [2026] KEHC 272 (KLR) (Crim) (22 January 2026) (Ruling)
Neutral citation:
[2026] KEHC 272 (KLR)
Republic of Kenya
Criminal Revision E018 of 2025
SC Chirchir, J
January 22, 2026
Between
James Mwiti Baariu
Applicant
and
Republic
Respondent
Ruling
1.The Applicant’s Application dated 19th July, 2025, seeks for review of sentence. He prays that the period he spent in custody while undergoing trial be considered and the computation of his sentence to commence from the date of arrest; which is 8th May 2018
2.He states that the time he spent in prison was not taken into consideration during sentencing as required under Section 333 (2) of the Criminal Procedure Code (CPC) and Article 27 (1) (4) and (5) of the Constitution
3.The application was not opposed.
Determination
4.The High Court jurisdiction on revision is set out under section 362 to 367 of the Criminal Procedure Code (CPC), and the mandate as set out under Section 362 of CPC, is to ascertain the legality, correctness or propriety of any order, sentence passed by the subordinate court, or proceedings.
5.A perusal of the record shows that the accused was arrested on 8th May 2018 and released on bond on 26th June 2018. Thus at the time of his release, he had spent about a month in custody. He remained out on bond until he was arrested on 29th November 2018 for jumping bail. The court ordered for forfeiture of his bond, and in default to serve three months imprisonment. Thereafter he remained in custody until the conclusion of trial.
6.Section 333(2) of the Criminal Procedure Code (CPC)provides as follows:
7.By dint of the above stated section of the CPC, the trial court was obliged to have taken into account the period the applicant had spent in custody. There is no evidence that such period was considered.
8.Ultimately the application succeeds. The period between 8th May 2018 to 26th June 2018, and 29th November 2018 to 17th September 2019, adds up to a total of 12 months spent in custody. This has to be discounted by the 3 months in lieu of forfeiture. Therefore, the Applicant’s sentence ought to have been discounted by 9 months.
9.The Application is merited. The sentence of 10 years is hereby set aside and substituted with 9 years 3months from the date of judgment at the trial court.
DATED , SIGNED AND DELIVERED AT ISIOLO THIS 22ND DAY OF JANUARY 2026.S. CHIRCHIRJUDGE.In the presence of :Roba Katelo- court Assistant.The ApplicantMr. Manjale for the Respondent.