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 Having Suspected Stolen Property Contrary to Section 323 of the Penal Code , convicted and sentenced to 3 years’ imprisonment in Criminal Case No. E879 of 2025. 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 3 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 3 years’ imprisonment that the trial court imposed. The record shows that the Applicant was charged on 18 th July 2025 and remanded in custody until 14 th January 2026 when he was sentenced and the sentence to run from 3 rd November, 2025.
5. However, for reasons that even though the trial court indicated that the sentence was to run from 3 rd November 2025 even as the same was meted out on 14 th January 2026, the fact is that he was in remand custudy even then. For this reason, the court will compute the Applicant’s remand period as being from 18 th July 2025 to 14 th January 2026.
6. This brings the period that the Applicant spent in custody to 5 Months and 26 days. I therefore allow the Applicant’s Application and direct the period 5 Months and 26 days that the applicant spent in remand custody be factored into his sentence of 3 years’ imprisonment.
7. Right of Appeal 14 days
Read dated and Signed at BUNGOMA on 23 rd July 2026.
E. OMINDE JUDGE
3 | Page BUNGOMA HCCRMISC. NUMBER E017 OF 2026
2. In the Affidavit is support of the Application, he states that he was charged with the offence of Having Suspected Stolen Property Contrary to Section 323 of the Penal Code , convicted and sentenced to 3 years’ imprisonment in Criminal Case No. E879 of 2025. 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 3 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 3 years’ imprisonment that the trial court imposed. The record shows that the Applicant was charged on 18 th July 2025 and remanded in custody until 14 th January 2026 when he was sentenced and the sentence to run from 3 rd November, 2025.
5. However, for reasons that even though the trial court indicated that the sentence was to run from 3 rd November 2025 even as the same was meted out on 14 th January 2026, the fact is that he was in remand custudy even then. For this reason, the court will compute the Applicant’s remand period as being from 18 th July 2025 to 14 th January 2026.
6. This brings the period that the Applicant spent in custody to 5 Months and 26 days. I therefore allow the Applicant’s Application and direct the period 5 Months and 26 days that the applicant spent in remand custody be factored into his sentence of 3 years’ imprisonment.
7. Right of Appeal 14 days
Read dated and Signed at BUNGOMA on 23 rd July 2026.
E. OMINDE JUDGE
3 | Page BUNGOMA HCCRMISC. NUMBER E017 OF 2026