Wafula v Republic (Criminal Application E018 of 2026) [2026] KEHC 10607 (KLR) (16 July 2026) (Ruling)
Because Section 333(2) of the Criminal Procedure Code is mandatory and the sentencing record confirmed that the applicant's remand period was not factored into the 12-year sentence, the court allowed the application and ordered that the period spent in custody be deducted in sentence computation.
Source-derived case information.
- Citation
- [2026] KEHC 10607 (KLR)
- Parties
- Applicant: Geofrey Simiyu Wafula; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Application E018 of 2026
- Procedural Posture
- Criminal Application / Post Sentencing Application for Sentence Computation Under Section 333(2) CPC
- Outcome
- Application allowed.
- Judges
- ["E Ominde"]
- Legal Topics
- Remand Time Deduction, Section 333(2) Criminal Procedure Code, Attempted Defilement Sentencing, Sentence Re Computation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Geofrey Simiyu Wafula
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Post Sentencing Application for Sentence Computation Under Section 333(2) CPC
Legal Issues
- 1 Whether the remand period should be factored into the applicant's sentence under Section 333(2) of the Criminal Procedure Code.
- 2 Whether the trial court failed to account for the period spent in custody when imposing sentence.
Ratio Decidendi
Because Section 333(2) of the Criminal Procedure Code is mandatory and the sentencing record confirmed that the applicant's remand period was not factored into the 12-year sentence, the court allowed the application and ordered that the period spent in custody be deducted in sentence computation.
Court Disposition
Application allowed.
Orders
- The applicant's remand custody period of 1 year, 5 months and 21 days shall be factored into the 12-year sentence.
- Right of appeal granted within 14 days.
Full Case Text
Judgment text and source record
1 paragraphs
Wafula v Republic (Criminal Application E018 of 2026) [2026] KEHC 10607 (KLR) (16 July 2026) (Ruling) Neutral citation: [2026] KEHC 10607 (KLR) Republic of Kenya In the High Court at Bungoma Criminal Application E018 of 2026 E Ominde, J July 16, 2026 Between Geofrey Simiyu Wafula Applicant and Republic Respondent Ruling 1.The Applicant herein moved this Court by way of Notice of Motion dated 5th February 2026 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) of the Sexual Offences Act No. 3 of 2006, convicted and sentenced to 12 years’ imprisonment in Sexual Offence Criminal Case No. 48 of 2020. 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 12 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 12 years’ imprisonment that the trial court imposed. The record shows that the Applicant was charged on 28th May 2020 and remanded in custody until 18th November 2021 when he was sentenced. 5.This brings the period that the Applicant spent in custody to 1 Year, 5months and 21 days. I therefore allow the Applicant’s Application and direct the period of 1 Year, 5 Months and 21 days that the applicant spent in remand custody be factored into his sentence of 12 years’ imprisonment. 6.Right of Appeal 14 days. READ DATED AND SIGNED AT BUNGOMA ON 16TH JULY 2026.E. OMINDE JUDGE