https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11946
The application succeeded because Section 333(2) of the Criminal Procedure Code is mandatory and the record showed the trial court did not factor the applicant’s remand period into the 20-year sentence; on the undisputed dates, the applicant was entitled to credit for 1 month and 17 days in custody.
Source-derived case information.
- Citation
- [2026] KEHC 11946 (KLR)
- Parties
- Applicant: CHRISPINUS WANJALA KAITA; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Application E041 of 2026
- Procedural Posture
- Criminal Application / Sentence Review/application Under Section 333(2) CPC
- Outcome
- Application allowed
- Judges
- ["E Ominde"]
- Legal Topics
- Credit for Time Spent in Remand Custody, Section 333(2) Criminal Procedure Code, Robbery With Violence Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
CHRISPINUS WANJALA KAITA
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Sentence Review/application Under Section 333(2) CPC
Legal Issues
- 1 Whether the applicant’s remand custody period should be taken into account when computing his sentence under Section 333(2) of the Criminal Procedure Code
- 2 Whether the trial court failed to factor the remand period into the 20-year sentence
Ratio Decidendi
The application succeeded because Section 333(2) of the Criminal Procedure Code is mandatory and the record showed the trial court did not factor the applicant’s remand period into the 20-year sentence; on the undisputed dates, the applicant was entitled to credit for 1 month and 17 days in custody.
Court Disposition
Application allowed
Orders
- The period of 1 month and 17 days spent in remand custody shall be factored into the applicant’s 20-year sentence of imprisonment.
- 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 E041 OF 2026** **CHRISPINUS WANJALA KAITA …………………………..... 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 **Robbery with Violence** Contrary to **Section 296(2) of the Penal Code** convicted and sentenced to 20 years’ imprisonment in Bungoma Criminal Case No. 2336 of 2011. 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 20 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 20 years’ imprisonment that the trial court imposed. The record shows that the Applicant was charged on 21st November 2021. He was released on bond on 28th November 2011. His bond was cancelled on the 20th June 2017 after judgment was delivered and remanded in custody until 30th July 2019 when he was sentenced. 5. This brings the period that the Applicant spent in custody to 1 Month and 17 days. I therefore allow the Applicant’s Application and direct the period of 1 Month and 17 days that the applicant spent in remand custody be factored into his sentence of 20 years’ imprisonment. 6. Right of Appeal 14 days **Read dated and Signed at BUNGOMA on 30th July 2026.** **E. OMINDE** **JUDGE**