https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12269
The court found that the applicant was in lawful remand custody for 1 year 6 months before being sentenced, and the trial court failed to factor that period into the sentence. The custodial term was therefore reduced by that period.
Source-derived case information.
- Citation
- [2026] KEHC 12269 (KLR)
- Parties
- Applicant: Wilson Njuguna; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application E104 of 2025
- Procedural Posture
- Criminal Miscellaneous Application for Sentence Review / Ruling on Sentence Review After Conviction and Sentencing
- Outcome
- Application allowed; sentence reviewed
- Judges
- ["JK Sergon"]
- Legal Topics
- Defilement, Credit for Time Spent in Remand, Section 333 Criminal Procedure Code, Review of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wilson Njuguna
Applicant
Republic
Respondent
Procedural Posture
Criminal Miscellaneous Application for Sentence Review / Ruling on Sentence Review After Conviction and Sentencing
Legal Issues
- 1 Whether the period spent in remand custody before sentence should be taken into account under section 333 of the Criminal Procedure Code
- 2 Whether the trial court failed to factor in pre-sentence custody when imposing sentence
Ratio Decidendi
The court found that the applicant was in lawful remand custody for 1 year 6 months before being sentenced, and the trial court failed to factor that period into the sentence. The custodial term was therefore reduced by that period.
Court Disposition
Application allowed; sentence reviewed
Orders
- The period of 1 year 6 months spent in remand custody is deducted from the original 10-year sentence.
- The applicant shall serve 8 years 6 months from 28th October, 2020.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA** **AT NAKURU** **CRIMINAL MISC. No. E104 OF 2025** **WILSON NJUGUNA ..……………….………..…………..…. APPLLICANT** **-VERSUS-** **REPUBLIC…………………………………………...…....… RESPONDENT** **RULING ON SENTENCE** **REVIEW** 1. **Wilson Njuguna,** the applicant herein was tried and convicted for the offence of defilement contrary to section 8(1) as read with Section 8(3) of the Sexual Offences Act No. 3 of 2006 vide **Nakuru Chief Magistrate Criminal Sexual Offence No. 39 of 2019.** 2. The Applicant was subsequently sentenced to serve 10 years imprisonment. The applicant is now before the court seeking to have the period he was in remand pending trial to be taken into account. 3. Under section 333 of the Criminal Procedure Code, the sentencing court is bound to take into account the period an accused person spent in remand awaiting the sentencing. 4. In this case the applicant was arrested on 11th March, 2019 and was remanded throughout his trial. The record shows that he was arrested on 11th March, 2019 and was sentenced to serve 10 years imprisonment on 28th October, 2020. 5. He was in lawful remand custody for a period of 1 year, 6 months. The record shows that the trial Magistrate did not factor in the period spent in remand while pronouncing the sentence. 6. This court hereby grants the applicant the request by factoring in the period spent in custody of 1 year 6 months. 7. Therefore, the period of 1 year 6 months should be deducted from the 10 years meted out by the trial court. 8. Consequently, the applicant namely **Wilson Njuguna should serve 8 years 6 moths from the date of sentence ie from 28th October, 2020.** **Dated, signed and delivered this 29th day of July, 2026 at Nakuru.** **J. K. SERGON** **JUDGE** **In presence of:** Jamleck/Ruto C/A Anyumba for the Respondent Wilson Njuguna: Present in person