Marionya v Republic (Criminal Miscellaneous Application E024 of 2026) [2026] KEHC 13277 (KLR) (15 July 2026) (Ruling)
The applicant was entitled to credit for the 38 days spent in lawful custody between 21st November 2016 and 28th December 2016. The sentence therefore had to be recalculated from a date reflecting that custody period, while remaining otherwise unchanged.
Source-derived case information.
- Citation
- [2026] KEHC 13277 (KLR)
- Parties
- Applicant: KENNEDY BOSIRE MARIONYA; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application E024 of 2026
- Procedural Posture
- Criminal Revision Application / Ruling on Sentence Revision
- Outcome
- Application allowed in part.
- Judges
- ["TW Cherere"]
- Legal Topics
- Section 333(2) Criminal Procedure Code, Credit for Pre Sentence Custody, Revision of Sentence, Computation of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
KENNEDY BOSIRE MARIONYA
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision Application / Ruling on Sentence Revision
Legal Issues
- 1 Whether the trial court failed to comply with section 333(2) of the Criminal Procedure Code by not crediting pre-sentence custody.
- 2 Whether the applicant was entitled to a sentence adjustment for time spent in lawful custody before conviction.
Ratio Decidendi
The applicant was entitled to credit for the 38 days spent in lawful custody between 21st November 2016 and 28th December 2016. The sentence therefore had to be recalculated from a date reflecting that custody period, while remaining otherwise unchanged.
Court Disposition
Application allowed in part.
Orders
- The sentence imposed on 18th May 2021 shall be reckoned after giving credit for 38 days spent in custody between 21st November 2016 and 28th December 2016.
- Save for that adjustment, the sentence shall remain unchanged.
Full Case Text
Judgment text and source record
1 paragraphs
**** **REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT NYAMIRA** **(CHERERE-J)** **HCCRMISCAPPL E024 OF 2026** **BETWEEN** **KENNEDY BOSIRE MARIONYA.............................................APPLICANT** **AND** **REPUBLIC..................................................................................RESPONDENT** **RULING** 1. Before this Court is the Applicant's Notice of Motion seeking revision of the sentence imposed upon him by the Chief Magistrate's Court at Nyamira in Criminal Case No. 14 of 2016. He contends that the trial court did not comply with section 333(2) of the Criminal Procedure Code by failing to take into account the period he spent in lawful custody before his conviction. 2. Section 333(2) of the Criminal Procedure Code obligates a sentencing court to take into account the period an accused person has spent in lawful custody before sentence. In [**Ahamad Abolfathi Mohammed & another v Republic [2018] KECA 743 (KLR)**](https://new.kenyalaw.org/akn/ke/judgment/keca/2018/743/eng%402018-01-26),the Court of Appeal affirmed that this duty requires the court to give meaningful credit for the period spent in pre-sentence custody by computing the sentence from the appropriate date where the circumstances so require. 3. The Applicant hereinwas in custody from 21st November 2016 to 28th December 2016 when he was released on bond, a period of approximately thirty-eight (38) days. The period he subsequently spent out on bond pending trial does not qualify as time spent in custody for purposes of section 333(2) of the Criminal Procedure Code. 1. Consequently, the sentence imposed upon the Applicant on 18th May 2021 shall be reckoned after giving credit for the thirty-eight (38) days spent in custody between 21st November 2016 and 28th December 2016. Save for that adjustment, the sentence shall remain unchanged. 2. The Officer in Charge of the prison where the Applicant is held shall recompute the sentence accordingly. **DELIVERED AT NYAMIRA THIS 15th DAY OF July 2026**  **WAMAE.T. W. CHERERE** **JUDGE** **Appearances** **Court Assistant - Anita** **Applicant - Present** **For the DPP - Mr. Chirchir (SADPP)**