RULING
Section 333(2) of the Criminal Procedure Code obligates a court sentencing the accused to take into account the period the accused has remained in remand and where the Trial Court has failed in that obligation, then this Court is given the responsibility to do so. However, I notice that in this case, the Trial Magistrate took into account the period the Applciant had been in remand. It clearly stated that the sentence was to commence from 10/01/2023 which is the date the Applicant had entered remand prison. Clearly therefore this application is not merited and it is dismissed.
ORDER: File closed.
RULING, DELIVERED, SIGNED AND DATED IN OPEN COURT ON 29TH JANUARY, 2025 (PHYSICAL/VIRTUAL CONFERENCE).
E. N. MAINA
JUDGE
29/01/2025