https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11979
The application succeeded because Section 333(2) of the Criminal Procedure Code is mandatory, the trial court did not factor the remand period into the 5-year sentence, and the applicant was in custody from 20 March 2024 to 5 September 2024, amounting to 5 months and 16 days, which had to be credited against the...
Source-derived case information.
- Citation
- [2026] KEHC 11979 (KLR)
- Parties
- Applicant: ALEX SIMIYU WANJALA ALIAS RASHID; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Application E022 of 2026
- Procedural Posture
- Criminal Application / Sentence Review/application Under Section 333(2) CPC
- Outcome
- Application allowed
- Judges
- ["E Ominde"]
- Legal Topics
- Section 333(2) Criminal Procedure Code, Remand Custody Credit, Attempted Murder Sentencing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
ALEX SIMIYU WANJALA ALIAS RASHID
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Sentence Review/application Under Section 333(2) CPC
Legal Issues
- 1 Whether the court should factor the applicant's remand custody period into the already imposed sentence under Section 333(2) of the Criminal Procedure Code.
- 2 Whether the trial court failed to account for the remand period when sentencing the applicant.
Ratio Decidendi
The application succeeded because Section 333(2) of the Criminal Procedure Code is mandatory, the trial court did not factor the remand period into the 5-year sentence, and the applicant was in custody from 20 March 2024 to 5 September 2024, amounting to 5 months and 16 days, which had to be credited against the sentence.
Court Disposition
Application allowed
Orders
- The period of 5 months and 16 days spent in remand custody shall be factored into the applicant's 5-year sentence.
- Right of appeal within 14 days.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT BUNGOMA** **CRIMINAL APPLICATION NUMBER E022 OF 2026** **ALEX SIMIYU WANJALA ALIAS RASHID ………………..... APPLICANT** **VERSUS** **REPUBLIC………………………………………................…. RESPONDENT** **RULING** 1. The Applicant herein moved this Court by way of undated Notice of Motion wherein prays to Court that as provided under **Section 333(2) of the** **Criminal Procedure Code**, the Court considers and factors into his sentence the period that he spent in remand custody during the trial. 2. In the Affidavit is support of the Application, he states that he was charged with the offences of **Attempted Murder** Contrary to **Section 220(a) of the Penal Code** convicted and sentenced to 5 years’ imprisonment in Bungoma Criminal Case No. E564 of 2024. He states that he has no issue with the conviction and the sentence save for his prayer under **Section 333(2)** aforementioned. 3. Counsel for the State in his oral representations stated that he has no objection to the period that the Applicant spent in remand be factored into the Applicant’s 5 year’ sentence as he has prayed. I have considered the Applicant’s Application. I have taken into consideration the fact that the provision under which the application has been made is a mandatory provision and in this regard, the Application has merit. 4. I have perused the record of the proceedings of sentencing. It shows that the remand period was not factored into the sentence of 5 years’ imprisonment that the trial court imposed. The record shows that the Applicant was charged on 20th March 2024 and remanded in custody until 5th September 2024 when he was sentenced. 5. This brings the period that the Applicant spent in custody to 5 Months and 16 days. I therefore allow the Applicant’s Application and direct the period of 5 Months and 16 days that the applicant spent in remand custody be factored into his sentence of 5 years’ imprisonment. 6. Right of Appeal 14 days **Read dated and Signed at BUNGOMA on 30th July 2026.** **E. OMINDE** **JUDGE**