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Introduction
The Applicant moved the Court through a Notice of Motion dated 26 th September 2025 seeking review of sentence under section 333(2) of the Criminal Procedure Code. The Applicant states in the supporting affidavit that he was arrested on 13 th July 2023, remained in remand throughout the trial, and was convicted and sentenced on 21 st January 2025 in Keroka SRM Court Criminal Case No. E047 of 2023.
The Applicant was in custody for a period of approximately one year and six months from the date of his arrest until the date of his conviction.
The record before this Court demonstrates that the trial court expressly directed that the sentence should commence on 13 th July 2023, thereby complying with the requirements of section 333(2) of the Criminal Procedure Code. However, the committal warrant issued thereafter did not capture or reflect that express directive.
The omission on the committal warrant is an administrative error rather than a judicial one. Since the sentencing court had already taken the period spent in custody into account and ordered the correct commencement date, the role of this Court is limited to clarifying and reinforcing that lawful order to ensure that the committal documents conform with the actual pronouncement of the trial court. The Applicant is accordingly entitled to an order directing rectification of the committal warrant so that the sentence is computed from 13 th July 2023 as originally ordered.
Disposition
From the foregoing, it is hereby ordered:
That the application for review under section 333(2) of the Criminal Procedure Code is allowed to the extent of enforcing and giving effect to the trial court’s express direction that the sentence commence on 13 th July 2023 .
That the committal warrant issued on 21 st January 2025 , which failed to reflect the trial court’s express direction, shall be rectified forthwith to show that the Applicant’s sentence commenced on 13 th July 2023 .
That the Deputy Registrar shall forward this ruling to the Magistrate’s Court at Keroka for administrative correction of the committal warrant and shall serve a copy on the Officer-in-Charge, Kisii Main Prison, for immediate compliance.
Orders accordingly.
Appearances
Court Assistant - Hilda
Applicant - Present
For the DPP - Ms. Mochama
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Introduction
The Applicant moved the Court through a Notice of Motion dated 26 th September 2025 seeking review of sentence under section 333(2) of the Criminal Procedure Code. The Applicant states in the supporting affidavit that he was arrested on 13 th July 2023, remained in remand throughout the trial, and was convicted and sentenced on 21 st January 2025 in Keroka SRM Court Criminal Case No. E047 of 2023.
The Applicant was in custody for a period of approximately one year and six months from the date of his arrest until the date of his conviction.
The record before this Court demonstrates that the trial court expressly directed that the sentence should commence on 13 th July 2023, thereby complying with the requirements of section 333(2) of the Criminal Procedure Code. However, the committal warrant issued thereafter did not capture or reflect that express directive.
The omission on the committal warrant is an administrative error rather than a judicial one. Since the sentencing court had already taken the period spent in custody into account and ordered the correct commencement date, the role of this Court is limited to clarifying and reinforcing that lawful order to ensure that the committal documents conform with the actual pronouncement of the trial court. The Applicant is accordingly entitled to an order directing rectification of the committal warrant so that the sentence is computed from 13 th July 2023 as originally ordered.
Disposition
From the foregoing, it is hereby ordered:
That the application for review under section 333(2) of the Criminal Procedure Code is allowed to the extent of enforcing and giving effect to the trial court’s express direction that the sentence commence on 13 th July 2023 .
That the committal warrant issued on 21 st January 2025 , which failed to reflect the trial court’s express direction, shall be rectified forthwith to show that the Applicant’s sentence commenced on 13 th July 2023 .
That the Deputy Registrar shall forward this ruling to the Magistrate’s Court at Keroka for administrative correction of the committal warrant and shall serve a copy on the Officer-in-Charge, Kisii Main Prison, for immediate compliance.
Orders accordingly.
Appearances
Court Assistant - Hilda
Applicant - Present
For the DPP - Ms. Mochama
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