https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11945
The application succeeded because section 333(2) of the Criminal Procedure Code obliges the court to account for time spent in remand custody, and the sentencing record confirmed that the trial court had not done so. The accused was therefore entitled to credit for the remand period against the 15-year sentence.
Source-derived case information.
- Citation
- [2026] KEHC 11945 (KLR)
- Parties
- Applicant: Oliver Wanga; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Application E060 of 2026
- Procedural Posture
- Criminal Application / Ruling on Application to Factor Remand Period Into Sentence Under Section 333(2) Criminal Procedure Code
- Outcome
- Application allowed
- Judges
- ["E Ominde"]
- Legal Topics
- Section 333(2) CPC, Remand Custody Credit, Sentencing Computation, Defilement Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Oliver Wanga
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Ruling on Application to Factor Remand Period Into Sentence Under Section 333(2) Criminal Procedure Code
Legal Issues
- 1 Whether the court should account for the applicant’s remand custody period when computing his sentence under section 333(2) of the Criminal Procedure Code.
- 2 Whether the trial court failed to factor the remand period into the 15-year sentence.
Ratio Decidendi
The application succeeded because section 333(2) of the Criminal Procedure Code obliges the court to account for time spent in remand custody, and the sentencing record confirmed that the trial court had not done so. The accused was therefore entitled to credit for the remand period against the 15-year sentence.
Court Disposition
Application allowed
Orders
- The period spent in remand custody is to be factored into the applicant’s 15-year sentence.
- Right of appeal: 14 days.
Full Case Text
Judgment text and source record
1 paragraphs
Wanga v Republic (Criminal Application E060 of 2026) [2026] KEHC 11945 (KLR) (30 July 2026) (Ruling) Neutral citation: [2026] KEHC 11945 (KLR) Republic of Kenya In the High Court at Bungoma Criminal Application E060 of 2026 E Ominde, J July 30, 2026 Between Oliver Wanga Applicant and Republic Respondent Ruling 1.The Applicant herein moved this Court by way of Notice of Motion dated 18th March 2026 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 Defilement Contrary to Section 8(1) as read with Section 8(4) of the Sexual Offences Act No. 3 of 2006 convicted and sentenced to 15 years’ imprisonment in Sirisia Criminal Case No. E031 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 15 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 15 years’ imprisonment that the trial court imposed. The record shows that the Applicant was charged on 23rd November 2023 and remanded in custody until 12th September 2024 when he was sentenced. 5.This brings the period that the Applicant spent in custody to 9 Months and 20 days. I therefore allow the Applicant’s Application and direct the period of 6 Months and 5 days that the applicant spent in remand custody be factored into his sentence of 15 years’ imprisonment. 6.Right of Appeal 14 days READ DATED AND SIGNED AT BUNGOMA ON 30TH JULY 2026.E. OMINDE JUDGE