https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8561
The record showed that the Applicant was arrested on 6 August 2020 and remained in custody until 25 May 2021, and that this period was not taken into account in the sentence; accordingly, the court ordered that that custody period be credited against the sentence under section 332(2) of the Criminal Procedure Code.
Source-derived case information.
- Citation
- [2026] KEHC 8561 (KLR)
- Parties
- Applicant: Jackson Mwashi; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E007 of 2026
- Procedural Posture
- Misc. Criminal Application / Ruling on Application for Computation of Time Spent in Custody
- Outcome
- Application allowed in part.
- Judges
- ["NM Orina"]
- Legal Topics
- Credit for Time Spent in Custody, Computation of Sentence Commencement Date, Rape Sentence Under Sexual Offences Act, Review of Trial Court Warrant of Commitment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jackson Mwashi
Applicant
Republic
Respondent
Procedural Posture
Misc. Criminal Application / Ruling on Application for Computation of Time Spent in Custody
Legal Issues
- 1 Whether the period the Applicant spent in custody before sentence should be credited toward his sentence.
- 2 Whether the trial court failed to take into account the period of pre-sentence custody.
Ratio Decidendi
The record showed that the Applicant was arrested on 6 August 2020 and remained in custody until 25 May 2021, and that this period was not taken into account in the sentence; accordingly, the court ordered that that custody period be credited against the sentence under section 332(2) of the Criminal Procedure Code.
Court Disposition
Application allowed in part.
Orders
- The period spent in custody between 6 August 2020 and 25 May 2021 shall be taken into account in the Applicant’s sentence.
Full Case Text
Judgment text and source record
1 paragraphs
**Republic Of Kenya** **In The High Court Of Kenya At Mombasa** **Misc. Criminal Appication No. E007 Of 2026** Jackson Mwashi……………….……………………..…………………..…………Applicant Versus Republic…………………………………………………………..……………….…Respondent **RULING** 1. The Applicant was charged and convicted with the offence of rape contrary to Section 3(1)(a) of the Sexual Offences Act. He was sentenced to 10 years imprisonment and he contends that he never appealed. He has now moved this court through an undated application seeking the computation of time spent in custody. It is his contention that the period he spent in custody prior to being sentenced was not taken into account being the period between 6 August 2020 and 28 September 2021. 2. The Court has examined the record of the trial court as well as the judgment of the trial court rendered on 26 June 2023. The record shows that the Applicant was arrested on 6 August 2020 and he remained in custody until 25 May 2021 when the surety was approved. However, the surety was discharged on 28 September 2021 and the Applicant was taken back to custody. The warrant of commitment in the trial court file shows that the sentence imposed on the Applicant was to run from 28 September 2021 “when his surety withdrew and was discharged.” It is therefore clear that the period between 6 August 2020 and 25 May 2021 was not taken into consideration. 3. Consequently, pursuant to the provisions of Section 332(2) of the Criminal procedure Code, it is hereby ordered that the period spent in custody between 6 August 2020 and 25 May 2021 be taken into account in the Applicant’s sentence. **Ruling dated and delivered virtually this 18th day of June 2026** **\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_** **Nabil M. Orina** **Judge**