https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11389
The application succeeded because section 333(2) of the Criminal Procedure Code is mandatory and the sentencing record showed the trial court did not account for the applicant’s remand custody. The court therefore directed that 1 year, 9 months and 17 days be deducted from the 25-year sentence.
Source-derived case information.
- Citation
- [2026] KEHC 11389 (KLR)
- Parties
- Applicant: Benjamin Wanjala Masinde; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Application E134 of 2025
- Procedural Posture
- Criminal Application / Post Conviction Sentence Review Application
- Outcome
- Application allowed
- Judges
- ["E Ominde"]
- Legal Topics
- Section 333(2) CPC Remand Period Credit, Robbery With Violence Sentencing, Sentence Computation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benjamin Wanjala Masinde
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Post Conviction Sentence Review Application
Legal Issues
- 1 Whether the court should factor the applicant’s pre-sentence remand custody into the term of imprisonment under section 333(2) of the Criminal Procedure Code.
- 2 Whether the trial court failed to account for the remand period when imposing sentence.
Ratio Decidendi
The application succeeded because section 333(2) of the Criminal Procedure Code is mandatory and the sentencing record showed the trial court did not account for the applicant’s remand custody. The court therefore directed that 1 year, 9 months and 17 days be deducted from the 25-year sentence.
Court Disposition
Application allowed
Orders
- The period of 1 year, 9 months and 17 days spent in remand custody shall be factored into the applicant’s 25-year sentence.
- Right of appeal: 14 days.
Full Case Text
Judgment text and source record
1 paragraphs
Masinde v Republic (Criminal Application E134 of 2025) [2026] KEHC 11389 (KLR) (23 July 2026) (Ruling) Neutral citation: [2026] KEHC 11389 (KLR) Republic of Kenya In the High Court at Bungoma Criminal Application E134 of 2025 E Ominde, J July 23, 2026 Between Benjamin Wanjala Masinde Applicant and 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 offence of Robbery with violence Contrary to 296(2) of the Criminal Procedure Code, convicted and sentenced to 25 years’ imprisonment in Sirisia Criminal Case No. 1064 of 2015. 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 25 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 25 years’ imprisonment that the trial court imposed. The record shows that the Applicant was charged on 11th July 2014 and remanded in custody until 28th April 2016 when he was sentenced. 5.This brings the period that the Applicant spent in custody to 1 Year, 9 Months and 17 days. I therefore allow the Applicant’s Application and direct the period of 1 Year, 9 Months and 17 days that the applicant spent in remand custody be factored into his sentence of 25 years’ imprisonment. 6.Right of Appeal 14 days READ DATED AND SIGNED AT BUNGOMA ON 23RD JULY 2026.E. OMINDE JUDGE