https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11388
The trial court failed to factor the applicant's remand custody period into the 10-year sentence, and because section 333(2) of the Criminal Procedure Code is mandatory, the sentence had to be revised to credit the time spent in custody.
Source-derived case information.
- Citation
- [2026] KEHC 11388 (KLR)
- Parties
- Applicant: Evans Maikuma Barasa; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E011 of 2026
- Procedural Posture
- Criminal Revision / Ruling on Application to Revise Sentence Under Section 333(2) of the Criminal Procedure Code
- Outcome
- Application allowed.
- Judges
- ["E Ominde"]
- Legal Topics
- Section 333(2) CPC, Remand Custody Credit, Defilement, Sentence Computation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Evans Maikuma Barasa
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application to Revise Sentence Under Section 333(2) of the Criminal Procedure Code
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 comply with the mandatory requirement to consider time spent in remand custody.
Ratio Decidendi
The trial court failed to factor the applicant's remand custody period into the 10-year sentence, and because section 333(2) of the Criminal Procedure Code is mandatory, the sentence had to be revised to credit the time spent in custody.
Court Disposition
Application allowed.
Orders
- The period of 1 year, 9 months and 21 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
Barasa v Republic (Criminal Revision E011 of 2026) [2026] KEHC 11388 (KLR) (23 July 2026) (Ruling) Neutral citation: [2026] KEHC 11388 (KLR) Republic of Kenya In the High Court at Bungoma Criminal Revision E011 of 2026 E Ominde, J July 23, 2026 Between Evans Maikuma Barasa 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 Defilement Contrary to Section 8 (1) as read with Sub-Section 8(4) of the Sexual Offences Act No. 3 of 2006, convicted and sentenced to 10 years’ imprisonment in Kimilili S.O Criminal Case No. 131 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 6th December 2019 and remanded in custody until 27th September 2021 when he was sentenced. 5.This brings the period that the Applicant spent in custody to 1 Year, 9 Months and 21 days. I therefore allow the Applicant’s Application and direct the period of 1 Year, 9 Months and 21 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