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(2) of the Sexual Offences Act No. 3 of 2006, convicted and sentenced to 25 years’ imprisonment in Criminal Case No. 1765 of 2016. 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 25 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 25 years’ imprisonment that the trial court imposed. The record shows that the Applicant was charged on 19 th July 2016. He was released on Bond on 26 th October 2016. His bond was cancelled on 12 th August 2018 and remanded in custody until 17 th August 2018 when he was sentenced.
5. This brings the period that the Applicant spent in custody to 3 Months and 13 days. I therefore allow the Applicant’s Application and direct the period of 3 Months and 13 days that the applicant spent in remand custody be factored into his sentence of 25 years’ imprisonment.
6. Right of Appeal 14 days
Read dated and Signed at BUNGOMA on 23 rd July 2026.
E. OMINDE JUDGE
1 | Page BUNGOMA HCCRMISC. NUMBER E135 OF 2026
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(2) of the Sexual Offences Act No. 3 of 2006, convicted and sentenced to 25 years’ imprisonment in Criminal Case No. 1765 of 2016. 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 25 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 25 years’ imprisonment that the trial court imposed. The record shows that the Applicant was charged on 19 th July 2016. He was released on Bond on 26 th October 2016. His bond was cancelled on 12 th August 2018 and remanded in custody until 17 th August 2018 when he was sentenced.
5. This brings the period that the Applicant spent in custody to 3 Months and 13 days. I therefore allow the Applicant’s Application and direct the period of 3 Months and 13 days that the applicant spent in remand custody be factored into his sentence of 25 years’ imprisonment.
6. Right of Appeal 14 days
Read dated and Signed at BUNGOMA on 23 rd July 2026.
E. OMINDE JUDGE
1 | Page BUNGOMA HCCRMISC. NUMBER E135 OF 2026