Makori v Republic (Criminal Miscellaneous Application E056 of 2025) [2026] KEHC 13283 (KLR) (21 May 2026) (Ruling)
The court held that the applicant had been in custody from 01 December 2016 until conviction on 26 November 2020, and since the trial court did not show that this period was considered at sentencing, the sentence had to be adjusted to run from the date of arrest and commencement of custody.
Source-derived case information.
- Citation
- [2026] KEHC 13283 (KLR)
- Parties
- Applicant: Samuel Kimaiga Makori; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application E056 of 2025
- Procedural Posture
- Criminal Revision/review of Sentence / Ruling on Application for Sentence Review
- Outcome
- Application allowed.
- Judges
- ["TW Cherere"]
- Legal Topics
- Sentencing, Section 333(2) Criminal Procedure Code, Pre Sentence Custody Credit, Review of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Kimaiga Makori
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision/review of Sentence / Ruling on Application for Sentence Review
Legal Issues
- 1 Whether the applicant's pre-conviction custody period should be taken into account in computing the sentence.
- 2 Whether the 20-year sentence ought to run from the date of arrest and commencement of custody.
Ratio Decidendi
The court held that the applicant had been in custody from 01 December 2016 until conviction on 26 November 2020, and since the trial court did not show that this period was considered at sentencing, the sentence had to be adjusted to run from the date of arrest and commencement of custody.
Court Disposition
Application allowed.
Orders
- The 20-year sentence imposed in Nyamira CMSO Case No. 12 of 2016 shall run from 01 December 2016, the date of the applicant’s arrest and commencement of custody.
Full Case Text
Judgment text and source record
1 paragraphs
**** **REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT NYAMIRA** **(CHERERE-J)** **HCCRMISCAPPL E056 OF 2025** **BETWEEN** **SAMUEL KIMAIGA MAKORI..................................................APPLICANT** **AND** **REPUBLIC..................................................................................RESPONDENT** **RULING** 1. Before this court is the applicant’s Notice of Motion dated 04th November 2025 seeking review of sentence pursuant to section 333(2) of the Criminal Procedure Code. The applicant prays that the period spent in custody prior to conviction be taken into account in computing his sentence. The respondent did not oppose the application. 2. I have considered the application, the supporting affidavit and the law applicable. 3. Section 333(2) of the Criminal Procedure Code provides that: **“Subject to the provisions of section 38 of the Penal Code every sentence shall be deemed to commence from, and to include the whole of the day of, the date on which it was pronounced, except where otherwise provided in this Code.”** 1. The Court of Appeal in **Ahamad Abolfathi Mohammed & another v Republic [2018] eKLR** affirmed that the requirement under section 333 (3) of the CPC is substantive and must be reflected by a proportionate adjustment of the sentence. 2. The record of the trial court reveals that the applicant was arrested on 01st December 2016 and remained in custody until the date of conviction on 26th November 2020. The trial court did not indicate that the said period had been taken into account while sentencing the applicant. 3. Consequently, I find merit in the application dated 04th November 2025 and the same is hereby allowed. Accordingly, the 20-year sentence imposed in Nyamira CMSO Case No. 12 of 2016 shall run from 01st December 2016 being the date of the applicant’s arrest and commencement of custody. **DELIVERED AT NYAMIRA THIS 21st DAY OF May 2026**  **WAMAE.T. W. CHERERE** **JUDGE** **Appearances** **Court Assistant - Anita** **Applicant - Present** **For the DPP - Mr. Chirchir (SADPP)**