https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11344
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 the State raised no objection; therefore the court directed that 5 months and 26 days spent in remand custody be credited...
Source-derived case information.
- Citation
- [2026] KEHC 11344 (KLR)
- Parties
- Applicant: Emmanuel James Juma; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Application E017 of 2026
- Procedural Posture
- Criminal Application / Ruling on Application to Factor Remand Period Into Sentence Under Section 333(2) CPC
- Outcome
- Application allowed
- Judges
- ["E Ominde"]
- Legal Topics
- Section 333(2) Criminal Procedure Code, Remand Custody Credit, Sentence 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 / Ruling on Application to Factor Remand Period Into Sentence Under Section 333(2) CPC
Legal Issues
- 1 Whether the court should factor the period spent in remand custody into the applicant's sentence under section 333(2) of the Criminal Procedure Code.
- 2 Whether the trial court had already taken the remand period into account when passing 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 the State raised no objection; therefore the court directed that 5 months and 26 days spent in remand custody be credited into the sentence.
Court Disposition
Application allowed
Orders
- The period of 5 months and 26 days spent in remand custody be factored into the applicant's 3-year sentence.
- Right of appeal within 14 days.
Full Case Text
Judgment text and source record
1 paragraphs
Juma v Republic (Criminal Application E017 of 2026) [2026] KEHC 11344 (KLR) (23 July 2026) (Ruling) Neutral citation: [2026] KEHC 11344 (KLR) Republic of Kenya In the High Court at Bungoma Criminal Application E017 of 2026 E Ominde, J July 23, 2026 Between Emmanuel James Juma 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 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.However, for reasons that even though the trial court indicated that the sentence was to run from 3rd November 2025 even as the same was meted out on 14th January 2026, the fact is that he was in remand custudy even then. For this reason, the court will compute the Applicant’s remand period as being from 18th July 2025 to 14th January 2026. 6.This brings the period that the Applicant spent in custody to 5 Months and 26 days. I therefore allow the Applicant’s Application and direct the period 5 Months and 26 days that the applicant spent in remand custody be factored into his sentence of 3 years’ imprisonment. 7.Right of Appeal 14 days READ DATED AND SIGNED AT BUNGOMA ON 23RD JULY 2026.E. OMINDEJUDGE