https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12429
Because the record showed the applicant was in custody from 22/11/2019 until sentencing on 12/11/2020 and did not show that the trial court considered that period, the mandatory requirement in section 333(2) CPC was not met. The sentence therefore had to commence from the date of arrest.
Source-derived case information.
- Citation
- [2026] KEHC 12429 (KLR)
- Parties
- Applicant: John Mulingwa Mairi; Respondent: Office of the Director of Public Prosecutions
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E045 of 2025
- Procedural Posture
- Criminal Revision / Ruling on Application for Crediting Time Spent in Custody Under Section 333(2) CPC
- Outcome
- Application allowed; sentence revised to run from date of arrest.
- Judges
- ["JN Njagi"]
- Legal Topics
- Defilement, Time Spent in Custody Pending Trial, Section 333(2) Criminal Procedure Code, Sexual Offences Act
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Mulingwa Mairi
Applicant
Office of the Director of Public Prosecutions
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Crediting Time Spent in Custody Under Section 333(2) CPC
Legal Issues
- 1 Whether the applicant was entitled to have the period spent in custody before sentence credited toward his sentence.
- 2 Whether the trial court erred by failing to take into account time spent in remand under section 333(2) of the Criminal Procedure Code.
Ratio Decidendi
Because the record showed the applicant was in custody from 22/11/2019 until sentencing on 12/11/2020 and did not show that the trial court considered that period, the mandatory requirement in section 333(2) CPC was not met. The sentence therefore had to commence from the date of arrest.
Court Disposition
Application allowed; sentence revised to run from date of arrest.
Orders
- The sentence imposed on the applicant shall commence from 22/11/2019, being the date of arrest.
Full Case Text
Judgment text and source record
1 paragraphs
Mairi v Office of the Director of Public Prosecutions (Criminal Revision E045 of 2025) [2026] KEHC 12429 (KLR) (28 July 2026) (Ruling) Neutral citation: [2026] KEHC 12429 (KLR) Republic of Kenya In the High Court at Garsen Criminal Revision E045 of 2025 JN Njagi, J July 28, 2026 Between John Mulingwa Mairi Applicant and Office of the Director of Public Prosecutions Respondent Ruling 1.The Applicant herein has filled an undated application seeking that this court do grant him a relief of a period of 2 months that he stayed in custody before he was sentenced to 10 years imprisonment for the offence of defilement Contrary to Section 8(1) as read with Section 8(3) of the Sexual Offences Act. 2.The grounds in support of the application are that the applicant was arrested on 22/11/2019 for the offence of defilement Contrary to Section 8(1) 8(3) of the Sexual Offences Act. That he was sentenced on 12/11/2020 that he was in custody awaiting trial. 3.I have perused the record of the trial court. The same indicates that the applicant was arrested on 22/11/2019 and was sentenced on 12/11/2020. He was therefore in the custody remand nearly a year before he was sentenced. 4.Section 333(2) of the Criminal Procedure Code requires a court when sentencing an accused person who has been in custody during the trial to take into account such period spent in awaiting trial. The record of the trial court does not indicate whether the trial court considered the period spent in custody when it sentenced the applicant. The provisions of Section 333(2) are mandatory and therefore the period spent in custody must be credited. The trial court was in error not to take into account the time spent in custody. 5.In view of the foregoing, I order that the sentence imposed on the applicant do commence from the date of his arrest, i.e on 22/11/2019. RULING DELIVERED, DATED AND SIGNED AT GARSEN THIS 28TH JULY 2026.J.N.NJAGIJUDGEIn the presence of:Mr.Oluoch for RespondentApplicant – present in Hindi G.K PrisonCourt Assistant – Ms.Rahma