REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUNGOMA
CRIMINAL APPLICATION NUMBER E014 OF 2026
CALISTUS WANJALA BARASA ….….….…...…….…………...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) of the Sexual Offences Act , convicted and sentenced to 15 years’ imprisonment in Criminal Case No. 161 of 2015. 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 14 th January 2015. He was released on bond on 6 th February 2015. His bond was cancelled on 4 th September, 2018 after judgment was delivered and remanded in custody until 20 th September 2018 when he was sentenced.
5. This brings the period that the Applicant spent in custody to 1 Month and 9 days. I therefore allow the Applicant’s Application and direct the period of 1 Month and 9 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 16 th July 2026.
E. OMINDE JUDGE
2 | Page BUNGOMA HCCRMISC. NUMBER E014 OF 2026
IN THE HIGH COURT OF KENYA AT BUNGOMA
CRIMINAL APPLICATION NUMBER E014 OF 2026
CALISTUS WANJALA BARASA ….….….…...…….…………...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) of the Sexual Offences Act , convicted and sentenced to 15 years’ imprisonment in Criminal Case No. 161 of 2015. 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 14 th January 2015. He was released on bond on 6 th February 2015. His bond was cancelled on 4 th September, 2018 after judgment was delivered and remanded in custody until 20 th September 2018 when he was sentenced.
5. This brings the period that the Applicant spent in custody to 1 Month and 9 days. I therefore allow the Applicant’s Application and direct the period of 1 Month and 9 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 16 th July 2026.
E. OMINDE JUDGE
2 | Page BUNGOMA HCCRMISC. NUMBER E014 OF 2026