Juma v Republic (Criminal Miscellaneous Application E026 of 2026) [2026] KEHC 13281 (KLR) (14 July 2026) (Ruling)
The court found that the record did not show that the Applicant's custody period from 12 November 2020 to 6 July 2021 had been credited at sentencing; therefore, section 333(2) of the Criminal Procedure Code required that the sentence be computed from 12 November 2020.
Source-derived case information.
- Citation
- [2026] KEHC 13281 (KLR)
- Parties
- Applicant: Erick Wekesa Juma; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application E026 of 2026
- Procedural Posture
- Criminal Miscellaneous Application / Ruling on Notice of Motion for Sentence Computation Under Section 333(2) CPC
- Outcome
- Notice of Motion allowed.
- Judges
- ["TW Cherere"]
- Legal Topics
- Defilement, Credit for Pre Sentence Custody, Section 333(2) Criminal Procedure Code, Sentence Computation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Erick Wekesa Juma
Applicant
Republic
Respondent
Procedural Posture
Criminal Miscellaneous Application / Ruling on Notice of Motion for Sentence Computation Under Section 333(2) CPC
Legal Issues
- 1 Whether the period spent in custody before sentence was imposed should be taken into account under section 333(2) of the Criminal Procedure Code.
- 2 Whether the sentence of fifteen years' imprisonment should be backdated to the date of arrest and remand.
Ratio Decidendi
The court found that the record did not show that the Applicant's custody period from 12 November 2020 to 6 July 2021 had been credited at sentencing; therefore, section 333(2) of the Criminal Procedure Code required that the sentence be computed from 12 November 2020.
Court Disposition
Notice of Motion allowed.
Orders
- The sentence of fifteen (15) years' imprisonment shall be computed from 12th November 2020, the date of first arrest and remand in custody.
- Save for the adjustment of the commencement date, the conviction and sentence remain undisturbed.
Full Case Text
Judgment text and source record
1 paragraphs
Juma v Republic (Criminal Miscellaneous Application E026 of 2026) [2026] KEHC 13281 (KLR) (14 July 2026) (Ruling) Neutral citation: [2026] KEHC 13281 (KLR) Republic of Kenya In the High Court at Nyamira Criminal Miscellaneous Application E026 of 2026 TW Cherere, J July 14, 2026 Between Erick Wekesa Juma Applicant and Republic Respondent Ruling 1.The Applicant was convicted of the offence of defilement contrary to section 8(1) as read with section 8(3) of the Sexual Offences Act in Nyamira CM's Criminal S.O 90 of 2020. He was sentenced on 06th July 2021 to serve fifteen (15) years' imprisonment. 2.By the Notice of Motion dated 07th April 2026, the Applicant invokes section 333(2) of the Criminal Procedure Code and seeks an order that the period he spent in custody before sentence be taken into account in computing his sentence. 3.The proviso to section 333(2) of the Criminal Procedure Code obligates a sentencing court to take into account the period an accused person spent in lawful custody before sentence is imposed. That obligation is mandatory. 4.The Court of Appeal in Ahamad Abolfathi Mohammed & another v Republic [2018] KECA 743 (KLR) affirmed that under section 333(2) of the Criminal Procedure Code, a sentencing court must give meaningful credit for the period an offender spent in custody before sentence by computing the sentence from the appropriate date where the circumstances so require. 5.In the present case, the record does not show that the period the Applicant spent in custody from 12th November 2020 until 06th July 2021 was credited when sentence was imposed. In keeping with section 333(2) of the Criminal Procedure Code and the guidance of the Court of Appeal, that period must be reckoned in computing the sentence. 6.Consequently, the Notice of Motion dated 07th April 2026 is allowed and it is ordered that the sentence of fifteen (15) years' imprisonment imposed upon the Applicant shall be computed from 12th November 2020, being the date, he was first arrested and remanded in custody. 7.Save for the adjustment of the commencement date of the sentence, the conviction and sentence shall otherwise remain undisturbed. DELIVERED AT NYAMIRA THIS 14TH DAY OF JULY 2026WAMAE.T. W. CHEREREJUDGEAppearancesCourt Assistant - AnitaApplicant - PresentFor the DPP - Mr. Chirchir (SADPP)