https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11387
The court found that section 333(2) of the Criminal Procedure Code is mandatory and that the trial court did not factor the Applicant’s remand period into the 10-year sentence. As the Applicant was in custody from 12 April 2021 to 11 January 2022, amounting to 9 months, the court allowed the application and directed...
Source-derived case information.
- Citation
- [2026] KEHC 11387 (KLR)
- Parties
- Applicant: Joseph Wafukho Wanyonyi; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E009 of 2026
- Procedural Posture
- Criminal Revision / Ruling on Sentence Revision Application
- Outcome
- Application allowed
- Judges
- ["E Ominde"]
- Legal Topics
- Section 333(2) Criminal Procedure Code, Remand Custody Credit, Mandatory Sentencing Consideration, Sexual Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Wafukho Wanyonyi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Revision Application
Legal Issues
- 1 Whether the Applicant’s remand custody period ought to be taken into account under section 333(2) of the Criminal Procedure Code.
- 2 Whether the trial court failed to factor the time spent in custody when imposing the sentence.
Ratio Decidendi
The court found that section 333(2) of the Criminal Procedure Code is mandatory and that the trial court did not factor the Applicant’s remand period into the 10-year sentence. As the Applicant was in custody from 12 April 2021 to 11 January 2022, amounting to 9 months, the court allowed the application and directed that the remand period be credited against the sentence.
Court Disposition
Application allowed
Orders
- The period of 9 months spent in remand custody be factored into the Applicant’s 10-year sentence.
Full Case Text
Judgment text and source record
1 paragraphs
Wanyonyi v Republic (Criminal Revision E009 of 2026) [2026] KEHC 11387 (KLR) (23 July 2026) (Ruling) Neutral citation: [2026] KEHC 11387 (KLR) Republic of Kenya In the High Court at Bungoma Criminal Revision E009 of 2026 E Ominde, J July 23, 2026 Between Joseph Wafukho Wanyonyi 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 Committing an Indecent Act with a Child Contrary to Section II (1) of the Sexual Offences Act No. 3 of 2006, convicted and sentenced to 10 years’ imprisonment in Bungoma S.O Criminal Case No. E022 of 2021. 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 10 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 10 years’ imprisonment that the trial court imposed. The record shows that the Applicant was charged on 12th April 2021 and remanded in custody until 11th January 2022 when he was sentenced. 5.This brings the period that the Applicant spent in custody to 9 Months. I therefore allow the Applicant’s Application and direct the period of 9 Months that the Applicant spent in remand custody be factored into his sentence of 10 years’ imprisonment. 6.Right of Appeal 14 days READ DATED AND SIGNED AT BUNGOMA ON 23RD JULY 2026.E. OMINDEJUDGE