REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MAKUENI
HCCRC.REV. NO. E103 OF 2025
JACKSON NYAMAI ……………………….………………APPLICANT
VERSUS
REPUBLIC …………………………………………………..RESPONDENT
RULING
1. The application before me is the notice of motion dated 19/6/2025 brought under section 333(2) of the Criminal Procedure Code. The applicant states:
That I am seeking revision of my sentence pursuant to section 333(2) of the Criminal Procedure Code.
2. It is supported by his sworn affidavit where he depones:
1) THAT, I am currently held at Machakos Main Prison serving ten (10) years imprisonment term for the offence of defilement contrary to section 8(1)(3) of the sexual offences act No.3 of 2006.
2) THAT, the Learned trial magistrate erred in law and fact by not considering the period 1 spent in remand custody as per section 333(2) of the criminal procedure code before my conviction and sentence.
3) THAT, I was arrested on 4th day of April, 2023 charged, tried, the Honourable court made a determination whereby I was found guilty, there after convicted and sentenced on 16th day of June, 2015.
4) THAT, I the applicant was in remand custody for 2 years & 2 months, period which i pray to this Honorable court to factor in my sentence
3. I have perused the lower court file- Makindu MCCRC No. E001/23. The trial court in the sentence ruling stated:-
I have considered the punishment provided by law, mitigation and social inquiry report. I have also taken into account two years time spent in remand. The accused to serve 10 years imprisonment .
4. The issue is whether the application has merit.
5. From the trial court’s own record – the applicant was convicted for defilement contrary to section 8(1) as read with 8(3) of the Sexual Offences Act No. 6 of 2003 – the minimum sentence as provided by law 20 years imprisonment.
6. The applicant was sentenced to 10 years imprisonment after the court took into account the mitigation, the circumstances of the offence and the time spent in pre- trial custody.
7. In that event the application is unfounded and is declined.
Dated, signed and delivered virtually this 18 th December 2025
Hon. Mumbua T. Matheka
Judge
Court Assistant – Chrispol
Prosecutor - Kazungu
Applicant
RULING HCCR REV. 103 OF 2025 Page 3 of 3
IN THE HIGH COURT OF KENYA AT MAKUENI
HCCRC.REV. NO. E103 OF 2025
JACKSON NYAMAI ……………………….………………APPLICANT
VERSUS
REPUBLIC …………………………………………………..RESPONDENT
RULING
1. The application before me is the notice of motion dated 19/6/2025 brought under section 333(2) of the Criminal Procedure Code. The applicant states:
That I am seeking revision of my sentence pursuant to section 333(2) of the Criminal Procedure Code.
2. It is supported by his sworn affidavit where he depones:
1) THAT, I am currently held at Machakos Main Prison serving ten (10) years imprisonment term for the offence of defilement contrary to section 8(1)(3) of the sexual offences act No.3 of 2006.
2) THAT, the Learned trial magistrate erred in law and fact by not considering the period 1 spent in remand custody as per section 333(2) of the criminal procedure code before my conviction and sentence.
3) THAT, I was arrested on 4th day of April, 2023 charged, tried, the Honourable court made a determination whereby I was found guilty, there after convicted and sentenced on 16th day of June, 2015.
4) THAT, I the applicant was in remand custody for 2 years & 2 months, period which i pray to this Honorable court to factor in my sentence
3. I have perused the lower court file- Makindu MCCRC No. E001/23. The trial court in the sentence ruling stated:-
I have considered the punishment provided by law, mitigation and social inquiry report. I have also taken into account two years time spent in remand. The accused to serve 10 years imprisonment .
4. The issue is whether the application has merit.
5. From the trial court’s own record – the applicant was convicted for defilement contrary to section 8(1) as read with 8(3) of the Sexual Offences Act No. 6 of 2003 – the minimum sentence as provided by law 20 years imprisonment.
6. The applicant was sentenced to 10 years imprisonment after the court took into account the mitigation, the circumstances of the offence and the time spent in pre- trial custody.
7. In that event the application is unfounded and is declined.
Dated, signed and delivered virtually this 18 th December 2025
Hon. Mumbua T. Matheka
Judge
Court Assistant – Chrispol
Prosecutor - Kazungu
Applicant
RULING HCCR REV. 103 OF 2025 Page 3 of 3