https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12240
The application succeeded because section 333(2) of the Criminal Procedure Code is mandatory, the sentencing record showed the remand period was not considered, and the applicant had spent 1 year, 9 months and 14 days in custody before sentence.
Source-derived case information.
- Citation
- [2026] KEHC 12240 (KLR)
- Parties
- Applicant: Josphat Karanja Wanyonyi; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Application E061 of 2026
- Procedural Posture
- Criminal Application / Ruling on Application to Factor Remand Period Into Sentence Under Section 333(2) CPC
- Outcome
- Application allowed
- Judges
- ["E Ominde"]
- Legal Topics
- Section 333(2) Criminal Procedure Code, Credit for Time Spent in Remand Custody, Robbery With Violence Sentencing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Josphat Karanja Wanyonyi
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Ruling on Application to Factor Remand Period Into Sentence Under Section 333(2) CPC
Legal Issues
- 1 Whether the remand period should be factored into the applicant's sentence under section 333(2) of the Criminal Procedure Code.
- 2 Whether the trial court failed to account for the period spent in custody when imposing sentence.
Ratio Decidendi
The application succeeded because section 333(2) of the Criminal Procedure Code is mandatory, the sentencing record showed the remand period was not considered, and the applicant had spent 1 year, 9 months and 14 days in custody before sentence.
Court Disposition
Application allowed
Orders
- The period of 1 year, 9 months and 14 days spent in remand custody shall be factored into the applicant's 27-year sentence.
- Right of appeal: 14 days.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT BUNGOMA** **CRIMINAL APPLICATION NUMBER E061 OF 2026** **JOSPHAT KARANJA WANYONYI …………………………..... APPLICANT** **VERSUS** **REPUBLIC………………………………………................…. RESPONDENT** **RULING** 1. The Applicant herein moved this Court by way of Notice of Motion dated 17th November 2025 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 offences of **Robbery with Violence** Contrary to **Section 296(2) of the Penal Code,** convicted and sentenced to 27 years’ imprisonment in Webuye Criminal Cases No. 1139 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 27 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 27 years’ imprisonment that the trial court imposed. The record shows that the Applicant was charged on 23rd November 2015 and remanded in custody until 7th September 2017 when he was sentenced. 5. This brings the period that the Applicant spent in custody to 1 Year, 9 Months and 14 days. I therefore allow the Applicant’s Application and direct the period of 1 Year, 9 Months and 14 days that the applicant spent in remand custody be factored into his sentence of 27 years’ imprisonment. 6. Right of Appeal 14 days **Read dated and Signed at BUNGOMA on 30th July 2026.** **E. OMINDE** **JUDGE**