https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11381
The application succeeded because section 333(2) of the Criminal Procedure Code is mandatory, the sentencing record showed the remand period had not been factored into the 3-year sentence, and both the record and the State's position supported crediting the applicant with the time spent in custody.
Source-derived case information.
- Citation
- [2026] KEHC 11381 (KLR)
- Parties
- Applicant: EMMANUEL JAMES JUMA; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Application E017 of 2026
- Procedural Posture
- Criminal Application / Sentence Review/application to Factor Remand Period Into Sentence
- Outcome
- Application allowed
- Judges
- ["E Ominde"]
- Legal Topics
- Section 333(2) Criminal Procedure Code, Credit for Time Spent in Remand Custody, Sentencing Computation, Having Suspected Stolen Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
EMMANUEL JAMES JUMA
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Sentence Review/application to Factor Remand Period Into Sentence
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 trial court failed to account for the remand period when imposing the sentence.
Ratio Decidendi
The application succeeded because section 333(2) of the Criminal Procedure Code is mandatory, the sentencing record showed the remand period had not been factored into the 3-year sentence, and both the record and the State's position supported crediting the applicant with the time spent in custody.
Court Disposition
Application allowed
Orders
- The period of 3 months and 15 days spent in remand custody shall be factored into the applicant's 3-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 E017 OF 2026** **EMMANUEL JAMES JUMA …………………………………..... 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 **Having Suspected Stolen Property** Contrary to **Section 323 of** **the Penal Code**, convicted and sentenced to 3 years’ imprisonment in Criminal Case No. E879 of 2025. 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 3 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 3 years’ imprisonment that the trial court imposed. The record shows that the Applicant was charged on 18th July 2025 and remanded in custody until 14th January 2026 when he was sentenced and the sentence to run from 3rd November, 2025. 5. This brings the period that the Applicant spent in custody to 3 Months and 15 days. I therefore allow the Applicant’s Application and direct the period of 3 Months and 15 days that the applicant spent in remand custody be factored into his sentence of 3 years’ imprisonment. 6. Right of Appeal 14 days **Read dated and Signed at BUNGOMA on 23rd July 2026.** **E. OMINDE** **JUDGE**