1. The Applicant was convicted of the offence of defilement contrary to section 8(1) as read with section 8(3) of the Sexual Offences Act in Nyamira CM's Criminal S.O 90 of 2020. He was sentenced on 06th July 2021 to serve fifteen (15) years' imprisonment.
2. By the Notice of Motion dated 07th April 2026, the Applicant invokes section 333(2) of the Criminal Procedure Code and seeks an order that the period he spent in custody before sentence be taken into account in computing his sentence.
3. The proviso to section 333(2) of the Criminal Procedure Code obligates a sentencing court to take into account the period an accused person spent in lawful custody before sentence is imposed. That obligation is mandatory.
4. The Court of Appeal in Ahamad Abolfathi Mohammed & another v Republic [2018] KECA 743 (KLR) affirmed that under section 333(2) of the Criminal Procedure Code, a sentencing court must give meaningful credit for the period an offender spent in custody before sentence by computing the sentence from the appropriate date where the circumstances so require.
5. In the present case, the record does not show that the period the Applicant spent in custody from 12th November 2020 until 06th July 2021 was credited when sentence was imposed. In keeping with section 333(2) of the Criminal Procedure Code and the guidance of the Court of Appeal, that period must be reckoned in computing the sentence.
6. Consequently, the Notice of Motion dated 07th April 2026 is allowed and it is ordered that the sentence of fifteen (15) years' imprisonment imposed upon the Applicant shall be computed from 12th November 2020, being the date, he was first arrested and remanded in custody.
7. Save for the adjustment of the commencement date of the sentence, the conviction and sentence shall otherwise remain undisturbed.
2. By the Notice of Motion dated 07th April 2026, the Applicant invokes section 333(2) of the Criminal Procedure Code and seeks an order that the period he spent in custody before sentence be taken into account in computing his sentence.
3. The proviso to section 333(2) of the Criminal Procedure Code obligates a sentencing court to take into account the period an accused person spent in lawful custody before sentence is imposed. That obligation is mandatory.
4. The Court of Appeal in Ahamad Abolfathi Mohammed & another v Republic [2018] KECA 743 (KLR) affirmed that under section 333(2) of the Criminal Procedure Code, a sentencing court must give meaningful credit for the period an offender spent in custody before sentence by computing the sentence from the appropriate date where the circumstances so require.
5. In the present case, the record does not show that the period the Applicant spent in custody from 12th November 2020 until 06th July 2021 was credited when sentence was imposed. In keeping with section 333(2) of the Criminal Procedure Code and the guidance of the Court of Appeal, that period must be reckoned in computing the sentence.
6. Consequently, the Notice of Motion dated 07th April 2026 is allowed and it is ordered that the sentence of fifteen (15) years' imprisonment imposed upon the Applicant shall be computed from 12th November 2020, being the date, he was first arrested and remanded in custody.
7. Save for the adjustment of the commencement date of the sentence, the conviction and sentence shall otherwise remain undisturbed.