https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11428
The application succeeded because section 333(2) of the Criminal Procedure Code is mandatory, the sentencing record showed that the remand period had not been considered, and both the applicant and the State supported crediting the custody period. The court therefore ordered that 1 year, 3 months and 6 days spent in...
Source-derived case information.
- Citation
- [2026] KEHC 11428 (KLR)
- Parties
- Applicant: DAVID BARASA ALIAS BINGWA; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Application E015 of 2026
- Procedural Posture
- Criminal Application / Sentence Review / Request to Factor Remand Period Under Section 333(2) CPC
- Outcome
- Application allowed
- Judges
- ["E Ominde"]
- Legal Topics
- Section 333(2) Criminal Procedure Code, Credit for Time Spent in Remand Custody, Attempted Defilement Sentence Computation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
DAVID BARASA ALIAS BINGWA
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Sentence Review / Request to Factor Remand Period Under Section 333(2) CPC
Legal Issues
- 1 Whether the court should factor the applicant's remand custody period into the sentence under section 333(2) of the Criminal Procedure Code.
- 2 Whether the original sentencing record omitted consideration of pre-sentence custody.
Ratio Decidendi
The application succeeded because section 333(2) of the Criminal Procedure Code is mandatory, the sentencing record showed that the remand period had not been considered, and both the applicant and the State supported crediting the custody period. The court therefore ordered that 1 year, 3 months and 6 days spent in remand custody be factored into the 10-year sentence.
Court Disposition
Application allowed
Orders
- The period of 1 year, 3 months and 6 days spent in remand custody shall be factored into the applicant's 10-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 E015 OF 2026** **DAVID BARASA ALIAS BINGWA …………….……………..... 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 offence of **Attempted Defilement** Contrary to Section **9(1)(2) Act No. 3 of 2006,** convicted and sentenced to 10 years’ imprisonment in Kimilili S.O Criminal Case No. 118 of 2019. 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 10 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 10 years’ imprisonment that the trial court imposed. The record shows that the Applicant was charged on 28th October 2019 and remanded in custody until 3rd February 2021 when he was sentenced. 5. This brings the period that the Applicant spent in custody to 1 Year, 3 Months and 6 days. I therefore allow the Applicant’s Application and direct the period of 1 Year, 3 Months and 6 days that the applicant spent in remand custody be factored into his sentence of 10 years’ imprisonment. 6. Right of Appeal 14 days **Read dated and Signed at BUNGOMA on 23rd July 2026.** **E. OMINDE** **JUDGE**