https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7988
The court found that the mandatory requirements of section 333(2) of the Criminal Procedure Code had not been applied when sentence was imposed, and therefore directed that the applicant's 6 years and 11 months spent in remand custody be factored into his 20-year imprisonment term.
Source-derived case information.
- Citation
- [2026] KEHC 7988 (KLR)
- Parties
- Applicant: Pius Wamalwa; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E016 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Sentence Computation Under Section 333(2) CPC
- Outcome
- Application allowed.
- Judges
- ["E Ominde"]
- Legal Topics
- Remand Custody Deduction, Section 333(2) Criminal Procedure Code, Murder Sentence, Sentence Review/computation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pius Wamalwa
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Sentence Computation Under Section 333(2) CPC
Legal Issues
- 1 Whether the remand period should be factored into the applicant's sentence under section 333(2) of the Criminal Procedure Code.
- 2 Whether the applicant's 20-year sentence required adjustment for time spent in custody before sentencing.
Ratio Decidendi
The court found that the mandatory requirements of section 333(2) of the Criminal Procedure Code had not been applied when sentence was imposed, and therefore directed that the applicant's 6 years and 11 months spent in remand custody be factored into his 20-year imprisonment term.
Court Disposition
Application allowed.
Orders
- The period spent in remand custody, being 6 years and 11 months, shall be factored into the applicant's 20-year sentence of imprisonment.
- Right of appeal granted within 14 days.
Full Case Text
Judgment text and source record
1 paragraphs
Wamalwa v Republic (Miscellaneous Criminal Application E016 of 2024) [2026] KEHC 7988 (KLR) (28 May 2026) (Ruling) Neutral citation: [2026] KEHC 7988 (KLR) Republic of Kenya In the High Court at Bungoma Miscellaneous Criminal Application E016 of 2024 E Ominde, J May 28, 2026 Between Pius Wamalwa Applicant and Republic Respondent Ruling 1.The Applicant herein moved this Court by way of undated Notice of Motion. He prays that the Court as provided Under Section 333(2) of the Criminal Procedure Code, the Court considers and factors into his sentence the period that he was in remand custody during the trial. 2.He states in his Affidavit in support of the Application that he was charged with the offence of Murder Contrary to Section 203 as Read with Section 204 of the Penal Code and was sentenced to serve 20 years’ imprisonment. That he has no issue with the conviction and the sentence and only prays that the period spent in remand be considered. 3.Counsel for the State, Miss Matere in her Oral submissions stated that she is not opposed to the application. 4.I have considered the Judgment and Sentence rendered in the matter by the Hon. Lady Justice Abida Aroni. I note that the mandatory provisions of Section 333(2) of the Criminal Procedure Code were not therein factored. The Applicant took Plea on 1st November 2010. He was granted bond on the 21st September 2016. On 1st February 2018, Judgment was delivered and his bond was cancelled before he was subsequently sentenced on 22nd March, 2018. He was therefore in remand for a period of 6 years and eleven months. In this regard the court now hereby directs that this period be factored into his sentence of 20 years Imprisonment. 5.Right of Appeal 14 days. READ DATED AND SIGNED AT BUNGOMA ON 28TH DAY OF MAY, 2026E. OMINDEJUDGE