https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11429
The application succeeded because Section 333(2) of the Criminal Procedure Code is mandatory, the record showed that the trial court did not factor in the applicant's remand period, and the State did not oppose the request. The court therefore ordered that 1 year, 9 months and 17 days spent in remand custody be...
Source-derived case information.
- Citation
- [2026] KEHC 11429 (KLR)
- Parties
- Applicant: JOSEPH WEKESA MUVUBI ALIAS MESCHACK; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E004 of 2026
- Procedural Posture
- Criminal Revision / Ruling on Application to Factor Remand Period Into Sentence
- Outcome
- Application allowed
- Judges
- ["E Ominde"]
- Legal Topics
- Section 333(2) CPC, Remand Custody Credit, Robbery With Violence, Sentence Computation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
JOSEPH WEKESA MUVUBI ALIAS MESCHACK
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application to Factor Remand Period Into Sentence
Legal Issues
- 1 Whether the remand period spent in custody should be deducted from the applicant's sentence under Section 333(2) of the Criminal Procedure Code.
- 2 Whether the trial court failed to factor the remand period into the 25-year sentence imposed.
Ratio Decidendi
The application succeeded because Section 333(2) of the Criminal Procedure Code is mandatory, the record showed that the trial court did not factor in the applicant's remand period, and the State did not oppose the request. The court therefore ordered that 1 year, 9 months and 17 days spent in remand custody be counted toward the 25-year sentence.
Court Disposition
Application allowed
Orders
- The period of 1 year, 9 months and 17 days spent in remand custody shall be factored into the applicant's 25-year sentence.
- Right of appeal within 14 days.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT BUNGOMA** **CRIMINAL REVISION NUMBER E004 OF 2026** **JOSEPH WEKESA MUVUBI ALIAS MESCHACK ………..... APPLICANT** **VERSUS** **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 **Robbery with Violence** Contrary to **Section 295 as read with Section 296(2) of the Penal Code**, convicted and sentenced to 25 years’ imprisonment in Criminal Case No. 1064 of 2025. 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 25 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 25 years’ imprisonment that the trial court imposed. The record shows that the Applicant was charged on 11th July 2014 and remanded in custody until 28th April 2016 when he was sentenced. 5. This brings the period that the Applicant spent in custody to 1 Year, 9 Months and 17 days. I therefore allow the Applicant’s Application and direct the period of 1 Year, 9 Months and 17 days that the applicant spent in remand custody be factored into his sentence of 25 years’ imprisonment. 6. Right of Appeal 14 days **Read dated and Signed at BUNGOMA on 23rd July 2026.** **E. OMINDE** **JUDGE**