1. Before the Court is the Applicant's Notice of Motion seeking an order that the period he spent in remand custody be taken into account pursuant to section 333(2) of the Criminal Procedure Code before computing the sentence imposed in Nyamira CM Criminal E577 of 2025.
2. Section 333(2) of the Criminal Procedure Code obligates a sentencing court to take into account the period an accused person has spent in lawful custody before sentence. In Ahamad Abolfathi Mohammed & another v Republic [2018] KECA 743 (KLR),the Court of Appeal affirmed that this duty requires the court to give meaningful credit for the period spent in pre-sentence custody by computing the sentence from the appropriate date where the circumstances so require.
3. The trial court record reveals that the Applicant was arrested on 13th September 2025 and remained in custody until his conviction and sentence on 25th November 2025, a period of approximately 73 days. There is no indication that the trial court expressly credited this period when imposing sentence. The Applicant is therefore entitled to the benefit of section 333(2) of the Criminal Procedure Code.
4. Accordingly, the sentence of five (5) years' imprisonment imposed in Nyamira CM Criminal Case No. E577 of 2025 shall be deemed to have commenced on 13th September 2025 , the date on which the Applicant was first remanded in custody. Save for that adjustment, the sentence shall remain undisturbed.
2. Section 333(2) of the Criminal Procedure Code obligates a sentencing court to take into account the period an accused person has spent in lawful custody before sentence. In Ahamad Abolfathi Mohammed & another v Republic [2018] KECA 743 (KLR),the Court of Appeal affirmed that this duty requires the court to give meaningful credit for the period spent in pre-sentence custody by computing the sentence from the appropriate date where the circumstances so require.
3. The trial court record reveals that the Applicant was arrested on 13th September 2025 and remained in custody until his conviction and sentence on 25th November 2025, a period of approximately 73 days. There is no indication that the trial court expressly credited this period when imposing sentence. The Applicant is therefore entitled to the benefit of section 333(2) of the Criminal Procedure Code.
4. Accordingly, the sentence of five (5) years' imprisonment imposed in Nyamira CM Criminal Case No. E577 of 2025 shall be deemed to have commenced on 13th September 2025 , the date on which the Applicant was first remanded in custody. Save for that adjustment, the sentence shall remain undisturbed.