https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6850
The court found that the applicant had been in remand from 8 September 2025 until conviction and sentence on 18 March 2026, and that he was entitled to the benefit of section 333(2) of the Criminal Procedure Code; therefore, six months had to be deducted from the one-year sentence.
Source-derived case information.
- Citation
- [2026] KEHC 6850 (KLR)
- Parties
- Applicant: Greyson Robinson Mwaluha; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E017 of 2026
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application allowed.
- Judges
- ["A Mshila"]
- Legal Topics
- Section 333(2) Credit for Time Spent in Remand, Sentencing Deduction, Revision Application, Stealing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Greyson Robinson Mwaluha
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant was entitled to have the remand period deducted from the sentence under section 333(2) of the Criminal Procedure Code.
- 2 Whether the six months spent in remand before conviction should be credited against the one-year sentence.
Ratio Decidendi
The court found that the applicant had been in remand from 8 September 2025 until conviction and sentence on 18 March 2026, and that he was entitled to the benefit of section 333(2) of the Criminal Procedure Code; therefore, six months had to be deducted from the one-year sentence.
Court Disposition
Application allowed.
Orders
- Six (6) months to be deducted from the sentence imposed.
Full Case Text
Judgment text and source record
1 paragraphs
Mwaluha v Republic (Criminal Revision E017 of 2026) [2026] KEHC 6850 (KLR) (20 May 2026) (Ruling) Neutral citation: [2026] KEHC 6850 (KLR) Republic of Kenya In the High Court at Voi Criminal Revision E017 of 2026 A Mshila, J May 20, 2026 Between Greyson Robinson Mwaluha Applicant and Republic Respondent Ruling 1.The Applicant’s application seeks to benefit from the provisions of Section 333(2) of the Criminal Procedure Code. 2.The record reflects that the Applicant was arrested on 8th September 2025. He was unable to raise the cash bail and has been in remand from that date to the 18th March 2026 when he was convicted and sentenced to one (1) year imprisonment upon being found guilty of the offence of stealing under Section 268 as read with Section 275 of the Penal Code. 3.The application was unopposed. 4.This Court is satisfied that the Applicant is deserving of the benefit of Section 333(2). 5.The period of six (6) months be deducted from the sentence imposed.Orders accordingly. DATED, SIGNED AND DELIVERED THIS 20TH DAY OF MAY 2026 IN OPEN COURT AT VOI HIGH COURT.ABIGAIL MSHILAJUDGEIn the presence of:-Court Assistant: Millicent/EghwaProsecutor: Ms. KanyuiraThe Applicant present from Wundanyi