https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9278
The application succeeded because section 333(2) of the Criminal Procedure Code is mandatory, the sentencing record showed that the applicant's remand time had not been factored into the 10-year sentence, and both the record and the State's concession supported adjustment of the sentence to account for the custody...
Source-derived case information.
- Citation
- [2026] KEHC 9278 (KLR)
- Parties
- Applicant: Kevin Masoni Alias Kevo; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Application E168 of 2025
- Procedural Posture
- Criminal Application / Ruling on Application for Sentence Review Under Section 333(2) of the Criminal Procedure Code
- Outcome
- Application allowed
- Judges
- ["E Ominde"]
- Legal Topics
- Credit for Time Spent in Remand Custody, Section 333(2) CPC, Manslaughter Sentence, Sentence Computation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kevin Masoni Alias Kevo
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Ruling on Application for Sentence Review Under Section 333(2) of the Criminal Procedure Code
Legal Issues
- 1 Whether the court should factor the applicant's remand custody period into the sentence under section 333(2) of the Criminal Procedure Code
- 2 Whether the trial court failed to account for time 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 that the applicant's remand time had not been factored into the 10-year sentence, and both the record and the State's concession supported adjustment of the sentence to account for the custody period.
Court Disposition
Application allowed
Orders
- The period of 3 years, 7 months and 3 days spent in remand custody shall be factored into the applicant's 10-year sentence.
- Right of appeal within 14 days.
Full Case Text
Judgment text and source record
1 paragraphs
Masoni alias Kevo v Republic (Criminal Application E168 of 2025) [2026] KEHC 9278 (KLR) (18 June 2026) (Ruling) Neutral citation: [2026] KEHC 9278 (KLR) Republic of Kenya In the High Court at Bungoma Criminal Application E168 of 2025 E Ominde, J June 18, 2026 Between Kevin Masoni Alias Kevo 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 Manslaughter Contrary to Section 202 as read with Section 205 of the Penal Code, convicted and sentenced to 10 years’ imprisonment in Criminal Case No. 22 of 2017. 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 her oral representations stated that she 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 21st July 2017. He was released on bond on 19th October 2017. He was rearrested on 26th March 2018 and remanded in custody until 29th July 2021 when he was sentenced. 5.This brings the period that the Applicant spent in custody to 3 years, 7 months and 3 days. I therefore allow the Applicant’s Application and direct the period 3 years, 7 months and 3 days 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 18TH JUNE 2026.E. OMINDEJUDGE