https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11342
The application succeeded because Section 333(2) of the Criminal Procedure Code is mandatory, the sentencing record showed that the applicant's remand period had not been accounted for, and both the applicant and the State accepted that the remand time should be deducted from the 10-year sentence.
Source-derived case information.
- Citation
- [2026] KEHC 11342 (KLR)
- Parties
- Applicant: THOMAS NJOROGE NJUGUNA; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E008 of 2026
- Procedural Posture
- Criminal Revision / Ruling on Application to Factor Remand Period Into Sentence
- Outcome
- Application allowed
- Judges
- ["E Ominde"]
- Legal Topics
- Section 333(2) CPC Credit for Time Spent in Custody, Manslaughter Sentence Review, Revision Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
THOMAS NJOROGE NJUGUNA
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application to Factor Remand Period Into Sentence
Legal Issues
- 1 Whether the court should factor the applicant's remand custody period into the sentence under Section 333(2) of the Criminal Procedure Code
- 2 Whether the original sentencing court failed to account for pre-sentence custody
Ratio Decidendi
The application succeeded because Section 333(2) of the Criminal Procedure Code is mandatory, the sentencing record showed that the applicant's remand period had not been accounted for, and both the applicant and the State accepted that the remand time should be deducted from the 10-year sentence.
Court Disposition
Application allowed
Orders
- The period of 1 Year, 11 Months and 15 days spent in remand custody shall be factored into the applicant's 10-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 REVISION NUMBER E008 OF 2026** **THOMAS NJOROGE NJUGUNA ……………………………..... 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 offence of **Manslaughter** Contrary to **Section 202 as read with Section 205 of the Penal Code**, convicted and sentenced to 10 years’ imprisonment in Criminal Case No. 50 of 2020. 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 10 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 10 years’ imprisonment that the trial court imposed. The record shows that the Applicant was charged on 19th October 2020 and remanded in custody until 4th October 2022 when he was sentenced. 5. This brings the period that the Applicant spent in custody to 1 Year, 11 Months and 15 days. I therefore allow the Applicant’s Application and direct the period of 1 Year, 11 Months and 15 days that the applicant spent in remand custody be factored into his sentence of 10 years’ imprisonment. 6. Right of Appeal 14 days **Read dated and Signed at BUNGOMA on 23rd July 2026.** **E. OMINDE** **JUDGE**