https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12239
The application succeeded because the record showed the applicant was in remand custody from 21 December 2023 to 26 September 2024, yet the trial court did not factor that period into the 20-year sentence. Because Section 333(2) is mandatory, the court directed that 9 months and 5 days be deducted from the sentence.
Source-derived case information.
- Citation
- [2026] KEHC 12239 (KLR)
- Parties
- Applicant: Nickson Gabriel Muyila; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Application E074 of 2026
- Procedural Posture
- Criminal Application / Post Sentence Sentence Computation Application Under Section 333(2) CPC
- Outcome
- Application allowed
- Judges
- ["E Ominde"]
- Legal Topics
- Section 333(2) Criminal Procedure Code, Remand Custody Credit, Manslaughter Sentencing, Sentence Computation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nickson Gabriel Muyila
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Post Sentence Sentence Computation Application Under Section 333(2) CPC
Legal Issues
- 1 Whether the period spent in remand custody should be deducted from the applicant's sentence under Section 333(2) of the Criminal Procedure Code.
- 2 Whether the trial court had failed to factor the remand period into the 20-year sentence.
Ratio Decidendi
The application succeeded because the record showed the applicant was in remand custody from 21 December 2023 to 26 September 2024, yet the trial court did not factor that period into the 20-year sentence. Because Section 333(2) is mandatory, the court directed that 9 months and 5 days be deducted from the sentence.
Court Disposition
Application allowed
Orders
- The period of 9 months and 5 days spent in remand custody shall be factored into the applicant's 20-year sentence.
- Right of appeal within 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 E074 OF 2026** **NICKSON GABRIEL MUYILA ……………………...………..... APPLICANT** **VERSUS** **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 offences of **Manslaughter** Contrary to **Section 202 as read with Section 205 of the Penal Code** convicted and sentenced to 20 years’ imprisonment in Criminal Cases No. E049 of 2023. 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 20 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 20 years’ imprisonment that the trial court imposed. The record shows that the Applicant was charged on 21st December 2023 and remanded in custody until 26th September 2024 when he was sentenced. 5. This brings the period that the Applicant spent in custody to 9 Months and 5 days. I therefore allow the Applicant’s Application and direct the period of 9 Months and 5 days that the applicant spent in remand custody be factored into his sentence of 20 years’ imprisonment. 6. Right of Appeal 14 days **Read dated and Signed at BUNGOMA on 30th July 2026.** **E. OMINDE** **JUDGE**