https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10441
The application succeeded because Section 333(2) of the Criminal Procedure Code is mandatory and neither the trial court nor the High Court on appeal considered the applicant’s remand period when imposing the 15-year sentence; therefore, the period from 28 April 2019 to 13 February 2020 had to be deducted from the...
Source-derived case information.
- Citation
- [2026] KEHC 10441 (KLR)
- Parties
- Applicant: Athman Mwero Mohamed; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E053 of 2025
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Sentence Computation Application After Conviction and Appeal Dismissal
- Outcome
- Application allowed
- Judges
- ["JN Njagi"]
- Legal Topics
- Section 333(2) CPC Credit for Time Spent in Remand, Computation of Custodial Sentence, Gang Rape Sentencing, Article 50(2)(q) Fair Trial Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Athman Mwero Mohamed
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Sentence Computation Application After Conviction and Appeal Dismissal
Legal Issues
- 1 Whether the applicant was entitled to have the remand period deducted from the 15-year sentence under Section 333(2) of the Criminal Procedure Code
- 2 Whether the trial court and appellate court failed to apply the mandatory sentencing credit for time spent in custody
Ratio Decidendi
The application succeeded because Section 333(2) of the Criminal Procedure Code is mandatory and neither the trial court nor the High Court on appeal considered the applicant’s remand period when imposing the 15-year sentence; therefore, the period from 28 April 2019 to 13 February 2020 had to be deducted from the sentence.
Court Disposition
Application allowed
Orders
- The period the applicant was in custody awaiting trial between 28/4/2019 and 13/2/2020 shall be computed from the 15-year imprisonment sentence.
- Orders accordingly.
Full Case Text
Judgment text and source record
1 paragraphs
Mohamed v Republic (Miscellaneous Criminal Application E053 of 2025) [2026] KEHC 10441 (KLR) (10 July 2026) (Ruling) Neutral citation: [2026] KEHC 10441 (KLR) Republic of Kenya In the High Court at Garsen Miscellaneous Criminal Application E053 of 2025 JN Njagi, J July 10, 2026 Between Athman Mwero Mohamed Applicant and Republic Respondent Ruling 1.The Applicant has filled an undated application seeking that this Court grants orders that the time spent in remand custody be computed from the fifteen years sentence imposed by the trial court pursuant to the provision of Section 333 (2) of the Criminal Procedure Code. 2.The grounds in support of the application are that the applicant was arrested on 28th day of April 2019 and charged with the offence of gang rape contrary to Section 10 of the Sexual Offences Act. He was sentenced to serve fifteen years imprisonment on the 13th February 2020. He lodged an appeal with the High Court but the same was dismissed. 3.It was his contention that the period he spent in custody as from 28/4/2019 to 13/2/2020 was not computed into the fifteen years sentence meted out on him. He asked the court to consider the time spent in custody. He relied on Article 50(2) (q) of the Constitution that provides that an accused person shall have the benefit of the least severe of the prescribed punishments of the offence. That the least severe of prescribed punishment of the offence in his case is one which has taken into account the period spent in remand custody. He also made reliance on the case of Jona & 87 others -v-Kenya Prisons Service and 2 others (Petition 15 of 2020) (2021) KEHC 457 (KLR) which declared that the period spent in remand custody should be computed in the eventual sentence awarded to an accused person. 4.The Respondent did not oppose the application. 5.I have considered the application. The application is made pursuant to the provisions of Section 333(2) of the Criminal Procedure Code which requires a court when sentencing an accused person who has been in prison custody during the trial to take into account the period spent in remand custody awaiting trial. The Provisions of the said section are couched in mandatory terms. 6.I have considered the sentence of the trial court delivered on 13th February 2020 and the judgment of the High Court delivered on 5th April 2022. Neither the learned magistrate of the trial court nor the learned Judge of the High Court directed their minds to the provisions of Section 333(2) of the Criminal Procedure Code when sentencing the Applicant. In the premises I find the application herein to be merited. 7.In view of the foregoing I order that the period the Applicant was in custody awaiting trial between 28/4/2019 and 13/2/2020 be computed from his sentence of 15 years imprisonment.Orders accordingly. RULING DELIVERED, DATED AND SIGNED AT GARSEN THIS 10TH DAY OF JULY, 2026.J. N. NJAGIJUDGEIn the presence of:Mr. Oluoch for RespondentApplicant – Present in person at GK Prison Manyani MaximumCourt Assistant - Farhan