- Michael Juma Ngacho, the applicant, seeks that the period he has been in remand be considered under Section 333 (2) of the Criminal Procedure Code. He was charged with murder and sentenced to serve 20 years imprisonment from 25/11/2020.
- The application was opposed. I have perused the record and note that the Judgement was silent on the period the applicant had spent in remand. The provisions of Section 333 (2) require the trial court to take into account the period spent in remand. The period the applicant was in remand shall be computed as provided under Section 333 (2) of the Criminal Procedure Code. The Applicant was in custody from 14.11.2018.
Dated, Signed and Delivered at BUNGOMA on this 13th day of February 2025.
R.E. OUGO
JUDGE
In the presence of:
Michael Juma Ngacho/ Applicant
Miss Matere - Respondent/ ODDP
Wilkister - C/A