REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUNGOMA
CRIMINAL REVISION APPLICATION NO. E026 OF 2026
EVANS NYONGESA…………………………………………………..APPLICANT
VERSUS
REPUBLIC…………………………………….……………………..RESPONDENT
(Being an application for re-computation of sentence to take into account the period spent in remand custody by dint of Section 332(2) of the Criminal Procedure Code Cap 75 Laws of Kenya from the conviction and sentence in Bungoma Chief Magistrate’s Court Criminal Case No. E1479 of 2024)
RULING
1. The Applicant moved this court by way of Notice of Motion filed on 31 st March 2026 seeking for fresh computation of sentence to include the time spent in custody and that the said period started from the date of arrest.
2. The trial court (Hon. J.W.Gichimu) convicted the accused in a judgement delivered on 28 th October, 2024 and subsequently sentenced him to serve a sentence of imprisonment five (5) years on 18 th November, 2024.
3. The charge sheet indicates that the accused person was arrested on 20 th October, 2021 and subsequently charged on 21 st October, 2021 for the offence of causing grievous harm contrary to Section 234 of the Penal Code.
4. He posted bail of Ksh. 30, 000/= on 7 th April, 2022 and secured his release from remand custody. He had been remanded in custody from 20 th October, 2021 to 7 th April 2022. Accordingly, the period spent in pre-trial custody (remand) is 20 th October 2021 to 7 April 2022 , which is approximately 5 months and 18 days (170 days, inclusive of the day of arrest).
5. Pursuant to Section 333(2) of the Criminal Procedure Code , whose mandatory provision requires consideration of the period spent in remand during sentencing, the period spent by the petitioner should have been factored in by the trial court.
6. In the circumstances, I do allow the notice of motion dated 31 st March, 2026 in terms of prayer (1) and (2).
7. The prison authorities are directed to re-compute the sentence imposed on the petitioner to factor in the period of 5 months and 18 days (170 days, inclusive of the day of arrest) spent in custody, which shall be set off against the sentence of imprisonment for 5 years imposed by the trial court on 18 th November, 2024 .
Ruling read, dated and signed in the open court on 30 th July, 2026
Richard K. Koech
JUDGE
In the presence of;
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IN THE HIGH COURT OF KENYA AT BUNGOMA
CRIMINAL REVISION APPLICATION NO. E026 OF 2026
EVANS NYONGESA…………………………………………………..APPLICANT
VERSUS
REPUBLIC…………………………………….……………………..RESPONDENT
(Being an application for re-computation of sentence to take into account the period spent in remand custody by dint of Section 332(2) of the Criminal Procedure Code Cap 75 Laws of Kenya from the conviction and sentence in Bungoma Chief Magistrate’s Court Criminal Case No. E1479 of 2024)
RULING
1. The Applicant moved this court by way of Notice of Motion filed on 31 st March 2026 seeking for fresh computation of sentence to include the time spent in custody and that the said period started from the date of arrest.
2. The trial court (Hon. J.W.Gichimu) convicted the accused in a judgement delivered on 28 th October, 2024 and subsequently sentenced him to serve a sentence of imprisonment five (5) years on 18 th November, 2024.
3. The charge sheet indicates that the accused person was arrested on 20 th October, 2021 and subsequently charged on 21 st October, 2021 for the offence of causing grievous harm contrary to Section 234 of the Penal Code.
4. He posted bail of Ksh. 30, 000/= on 7 th April, 2022 and secured his release from remand custody. He had been remanded in custody from 20 th October, 2021 to 7 th April 2022. Accordingly, the period spent in pre-trial custody (remand) is 20 th October 2021 to 7 April 2022 , which is approximately 5 months and 18 days (170 days, inclusive of the day of arrest).
5. Pursuant to Section 333(2) of the Criminal Procedure Code , whose mandatory provision requires consideration of the period spent in remand during sentencing, the period spent by the petitioner should have been factored in by the trial court.
6. In the circumstances, I do allow the notice of motion dated 31 st March, 2026 in terms of prayer (1) and (2).
7. The prison authorities are directed to re-compute the sentence imposed on the petitioner to factor in the period of 5 months and 18 days (170 days, inclusive of the day of arrest) spent in custody, which shall be set off against the sentence of imprisonment for 5 years imposed by the trial court on 18 th November, 2024 .
Ruling read, dated and signed in the open court on 30 th July, 2026
Richard K. Koech
JUDGE
In the presence of;
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