https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12224
The application had merit because Section 333(2) of the Criminal Procedure Code is mandatory and the record showed the trial court did not factor in the applicant's pre-sentence custody. The court therefore ordered that 16 days spent in remand custody be credited toward the 10-year sentence.
Source-derived case information.
- Citation
- [2026] KEHC 12224 (KLR)
- Parties
- Applicant: Wycliffe Mapesa Simiyu; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E019 of 2026
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Revision/factoring Remand Period Under Section 333(2) CPC
- Outcome
- Application allowed.
- Judges
- ["E Ominde"]
- Legal Topics
- Defilement, Section 333(2) Criminal Procedure Code, Remand Custody Credit, Mandatory Sentencing Considerations
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wycliffe Mapesa Simiyu
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Revision/factoring Remand Period Under Section 333(2) CPC
Legal Issues
- 1 Whether the court should factor the period spent in remand custody into the applicant's sentence under Section 333(2) of the Criminal Procedure Code.
- 2 Whether the trial court failed to account for the applicant's pre-sentence custody period.
Ratio Decidendi
The application had merit because Section 333(2) of the Criminal Procedure Code is mandatory and the record showed the trial court did not factor in the applicant's pre-sentence custody. The court therefore ordered that 16 days spent in remand custody be credited toward the 10-year sentence.
Court Disposition
Application allowed.
Orders
- The period of 16 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 E019 OF 2026** **WYCLIFFE MAPESA SIMIYU ………………………………..... 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 **Defilement** Contrary to **Section 8(1) as read with Section 8(3) of the Sexual Offences Act No. 3 of 2006** convicted and sentenced to 10 years’ imprisonment in Webuye S.O Criminal Case No. 37 of 2019. 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 23rd December 2019. He was released on bond on 8th January 2020. His bond was cancelled on 5th October 2021 when he was sentenced. 5. This brings the period that the Applicant spent in custody to 16 days. I therefore allow the Applicant’s Application and direct the period of 16 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 30th July 2026.** **E. OMINDE** **JUDGE**