Maskini alias John Manyonge Kundu v Republic (Criminal Application E053 of 2026) [2026] KEHC 10707 (KLR) (16 July 2026) (Ruling)
The application succeeded because section 333(2) of the Criminal Procedure Code is mandatory, the sentencing record showed the trial court failed to credit the applicant’s remand custody, and the applicant had spent 7 months in custody before sentencing, which had to be factored into the four-year sentence.
Source-derived case information.
- Citation
- [2026] KEHC 10707 (KLR)
- Parties
- Applicant: John Wafula Maskini alias John Manyonge Kundu; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Application E053 of 2026
- Procedural Posture
- Criminal Application / Ruling on Sentence Review/application to Factor Remand Period Under Section 333(2) of the Criminal Procedure Code
- Outcome
- Application allowed
- Judges
- ["E Ominde"]
- Legal Topics
- Remand Custody Credit, Section 333(2) Criminal Procedure Code, Sentence Computation, Stealing Stock/handling Stolen Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Wafula Maskini alias John Manyonge Kundu
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Ruling on Sentence Review/application to Factor Remand Period Under Section 333(2) of the Criminal Procedure Code
Legal Issues
- 1 Whether the court should factor the applicant’s remand custody period into his sentence under section 333(2) of the Criminal Procedure Code.
- 2 Whether the trial court failed to account for the remand period when imposing the four-year sentence.
Ratio Decidendi
The application succeeded because section 333(2) of the Criminal Procedure Code is mandatory, the sentencing record showed the trial court failed to credit the applicant’s remand custody, and the applicant had spent 7 months in custody before sentencing, which had to be factored into the four-year sentence.
Court Disposition
Application allowed
Orders
- The period of 7 months spent in remand custody shall be factored into the applicant’s 4-year sentence.
- Right of appeal: 14 days.
Full Case Text
Judgment text and source record
1 paragraphs
Maskini alias John Manyonge Kundu v Republic (Criminal Application E053 of 2026) [2026] KEHC 10707 (KLR) (16 July 2026) (Ruling) Neutral citation: [2026] KEHC 10707 (KLR) Republic of Kenya In the High Court at Bungoma Criminal Application E053 of 2026 E Ominde, J July 16, 2026 Between John Wafula Maskini alias John Manyonge Kundu Applicant and 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 Stealing Stock/Handling Stolen Property Contrary to Section 278 of the Penal Code, convicted and sentenced to 4 years’ imprisonment in Criminal Case No. E541 of 2023. 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 4 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 4 years’ imprisonment that the trial court imposed. The record shows that the Applicant was charged on 20th November 2023 and remanded in custody until 20th June 2024 when he was sentenced. 5.This brings the period that the Applicant spent in custody to 7 Months. I therefore allow the Applicant’s Application and direct the period of 7 Months that the applicant spent in remand custody be factored into his sentence of 4 years’ imprisonment. 6.Right of Appeal 14 days READ DATED AND SIGNED AT BUNGOMA ON 16TH JULY 2026.E. OMINDE JUDGE