Achevi v Republic [2025] KEHC 7939 (KLR)

Achevi v Republic (Miscellaneous Criminal Application E089 of 2025) [2025] KEHC 7939 (KLR) (9 June 2025) (Ruling)

Neutral citation: [2025] KEHC 7939 (KLR)

Republic of Kenya

In the High Court at Kibera

Miscellaneous Criminal Application E089 of 2025

DR Kavedza, J

June 9, 2025

Between

Shadrack Achevi

Applicant

and

Republic

Respondent

Ruling

1. The applicant Shadrack Achevi was charged and after a full trial convicted for the offence of indecent act with a child contrary to Section 11 of the Sexual Offences Act, No. 3 of 2006. He was sentenced to serve ten (10) years imprisonment. His appeal was dismissed by this court on 22nd October 2024.

2. He filed the present application and an affidavit in support of his motion seeking sentence review. The arguments raised are that the trial court failed to consider the time he spent in remand custody during the computation of his sentence.

3. I have considered the application, the affidavit in support and the applicable law. I have also considered the trial court record. The issue for consideration is whether the trial court considered the time the applicant spent in remand.

4. From the record, this court in its judgement delivered on 26th October 2021 clearly indicated that the time spent in remand custody had been considered.

5. In the premises, the Application is found to be lacking in merit and is dismissed.Orders accordingly.

RULING DATED AND DELIVERED VIRTUALLY THIS 9TH DAY OF JUNE 2025_______________D. KAVEDZAJUDGE