I have considered the application brought under Section 333(2) of the Criminal procedure Code and the oral submissions of the parties. I have also perused the record of the trial court and indeed the trial court overlooked the provisions of Section 333(2) of the Criminal procedure Code despite the section being couched in mandatory terms. In the premises this court directs that the Applicant’s sentence be computed to run from 22nd December, 2023 when he was arrested so as to take the period he was in remand custody into account.
As for the prayer to be released on probation, I see that a pre-sentence Report presented to the court by one Monicah Rapuoda Probation Officer, Kangundo which is dated 20/03/2024 did not recommend probation. Moreover, this is not an appeal against his sentence but only an application to review the sentence in line with Section 333(2) Criminal Procedure Code which I have already allowed. The Application to be released on probation is therefore rejected.
Orders accordingly.
RULING DATED, SIGNED AND DELIVERED VIRTUALLY ON THIS 27TH DAY OF FEBRUARY, 2025.
E. N. MAINA
JUDGE
27/02/2025
In the presence of:
Ms Nyauncho for the state
Applicant in person (online)
C/A: Geoffrey