https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11384
The application had merit because Section 333(2) is mandatory, and the sentencing record showed the trial court did not factor the applicant’s remand period into the 10-year term. The court therefore directed that the 1 year and 11 months spent in custody be credited against the sentence.
Source-derived case information.
- Citation
- [2026] KEHC 11384 (KLR)
- Parties
- Applicant: FARIS WAKHUNGU MASINDE; Respondent: REPUBLIC
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E002 of 2026
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Revision/credit for Remand Time
- Outcome
- Application allowed
- Judges
- ["E Ominde"]
- Legal Topics
- Section 333(2) CPC Credit for Time Spent in Remand, Manslaughter Sentencing, Revision of Sentence, Mandatory Consideration of Pre Sentence Custody
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
FARIS WAKHUNGU MASINDE
Applicant
REPUBLIC
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Revision/credit for Remand Time
Legal Issues
- 1 Whether the court should factor the applicant’s remand custody period into the 10-year sentence under Section 333(2) of the Criminal Procedure Code.
- 2 Whether the trial court failed to credit the remand period when sentencing the applicant.
Ratio Decidendi
The application had merit because Section 333(2) is mandatory, and the sentencing record showed the trial court did not factor the applicant’s remand period into the 10-year term. The court therefore directed that the 1 year and 11 months spent in custody be credited against the sentence.
Court Disposition
Application allowed
Orders
- The period of 1 year and 11 months that the applicant spent in remand custody shall be factored into the 10-year sentence imposed.
- Right of appeal: 14 days.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT BUNGOMA** **CRIMINAL REVISION NUMBER E002 OF 2026** **FARIS WAKHUNGU MASINDE ……………………………..... 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 **Manslaughter** Contrary to **Section 202 as read with Section 205 of** **the Penal Code**, convicted and sentenced to 10 years’ imprisonment in High Court Criminal Case No. 29 of 2018. 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 26th September 2018 and remanded in custody until 27th August 2020 when he was sentenced. 5. This brings the period that the Applicant spent in custody to 1 Year and 11 Months. I therefore allow the Applicant’s Application and direct the period of 1 Year and 11 Months 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**