ORIGINAL: DO NOT REMOVE FROM FILEORIGINAL: DO NOT REMOVE FROM
1. David Latema, the applicant herein, was jointly tried with one James Kuria Mwangi on a charge of gang defilement contrary to section 10 of the Sexual Offences Act No. 3 of 2006. The duo also faced an alternative charge of indecent act with a child contrary to section 11(1) of the Sexual Offences Act No. 3 of 2006. The applicant was convicted on the main count and sentenced to serve 10 years imprisonment in Molo CMCR Case No. 3027 of 2016, Republic Vs James Kuria Wainaina & David Latema.
2. The applicant is now before this court seeking for the period he remained in remand to be taken into account and deducted from the sentence pursuant to section 333(2) of the Criminal Procedure Code. Miss Mwaura, learned prosecution counsel did not respond to the applicant’s application and she instead left it to this court to determine the application.
3. I have called for the trial court’s record for perusal. It is apparent from the trial court’s record that the applicant was arrested on 11 th November, 2016 and remained in custody for 2 years 8 months while undergoing trial.
4. It is clear from the record that the sentencing court did not take into account the period of 2 years 8 months the applicant was in custody while undergoing trial. Under the proviso to section 333(2) of the Criminal Procedure Code the aforesaid period spent in custody should be taken into account.
5. This court takes into account the period of 2 years 8 months by deducting the same from the sentence of 10 years imposed on 25 th September, 2019. After deducting the 2 years 8 months from the 10 years meted out, the applicant namely David Latema should therefore serve 7 years 4 months from 25 th September, 2019.
6. After taking into account and subtracting the period spent in custody from the sentence imposed, it is clear that the applicant has served the sentence in full. Consequently, David Latema should be set free forthwith having completed serving his sentence.
Dated, signed and delivered this 21 st day of May, 2026 at Nakuru.
J. K. SERGON
JUDGE
In the presence of0:
David Latema
Absence of ODPP
1. David Latema, the applicant herein, was jointly tried with one James Kuria Mwangi on a charge of gang defilement contrary to section 10 of the Sexual Offences Act No. 3 of 2006. The duo also faced an alternative charge of indecent act with a child contrary to section 11(1) of the Sexual Offences Act No. 3 of 2006. The applicant was convicted on the main count and sentenced to serve 10 years imprisonment in Molo CMCR Case No. 3027 of 2016, Republic Vs James Kuria Wainaina & David Latema.
2. The applicant is now before this court seeking for the period he remained in remand to be taken into account and deducted from the sentence pursuant to section 333(2) of the Criminal Procedure Code. Miss Mwaura, learned prosecution counsel did not respond to the applicant’s application and she instead left it to this court to determine the application.
3. I have called for the trial court’s record for perusal. It is apparent from the trial court’s record that the applicant was arrested on 11 th November, 2016 and remained in custody for 2 years 8 months while undergoing trial.
4. It is clear from the record that the sentencing court did not take into account the period of 2 years 8 months the applicant was in custody while undergoing trial. Under the proviso to section 333(2) of the Criminal Procedure Code the aforesaid period spent in custody should be taken into account.
5. This court takes into account the period of 2 years 8 months by deducting the same from the sentence of 10 years imposed on 25 th September, 2019. After deducting the 2 years 8 months from the 10 years meted out, the applicant namely David Latema should therefore serve 7 years 4 months from 25 th September, 2019.
6. After taking into account and subtracting the period spent in custody from the sentence imposed, it is clear that the applicant has served the sentence in full. Consequently, David Latema should be set free forthwith having completed serving his sentence.
Dated, signed and delivered this 21 st day of May, 2026 at Nakuru.
J. K. SERGON
JUDGE
In the presence of0:
David Latema
Absence of ODPP