'1. On 8/5/2019, MOSES ODHIAMBO CHARLES was charged with the offence of defilement contrary to section 8(1) as read with 8 (3) of the Sexual Offences Act No. 3 of 2006. It was alleged that between November 2018 and 24/3/2019 at Sunga sub location, Kisumu West Sub County within Kisumu County, the applicant intentionally caused his penis to penetrate the vagina of P.A a child aged 13 years.
2. The applicant was also charged with the offence of deliberate transmission of HIV contrary to section 26 (1) (a) of the Sexual Offences Act No. 3 of 2006.
3. After trial, he was found guilty and convicted of both the offences and sentenced to imprisonment for 20 years in the first charge and 15 years for the second charge. The Court did direct that the period in which the applicant was in custody during the trial, this being from the 10/5/2019 to 1/11/2023 when the sentence was passed to be taken into account in computation of the sentence as required under section 333(2) of the Criminal Procedure Code (CPC) and further that the sentences do run concurrently.
4. By a Motion on Notice dated 5/2/2025, the applicant has sought that the provisions of section 333(2) of the CPC be taken into account in computing the period of his incarceration. There is no response on record for the State.
5. Section 333(2) of the Criminal Procedure Code provided that: -
“Subject to the provisions of section 38 of the Penal Code (Cap 63) every sentence shall be deemed to commence from, and to include the whole of the day of, the date on which it was pronounced, except where otherwise provided in this Code. Provided that where the person sentenced under subsection (1) has, prior to such sentence, been held in custody, the sentence shall take account of the period spent in custody.”
6. I have considered the entire record. I have also considered the proceedings of the trial Court, the judgment and sentence. As already stated, the Court already complied with the provision of section 333(2) of the CPC.
7. In this regard, I find the application to be without merit and hereby proceed to dismiss it.
It is so ordered.
'
2. The applicant was also charged with the offence of deliberate transmission of HIV contrary to section 26 (1) (a) of the Sexual Offences Act No. 3 of 2006.
3. After trial, he was found guilty and convicted of both the offences and sentenced to imprisonment for 20 years in the first charge and 15 years for the second charge. The Court did direct that the period in which the applicant was in custody during the trial, this being from the 10/5/2019 to 1/11/2023 when the sentence was passed to be taken into account in computation of the sentence as required under section 333(2) of the Criminal Procedure Code (CPC) and further that the sentences do run concurrently.
4. By a Motion on Notice dated 5/2/2025, the applicant has sought that the provisions of section 333(2) of the CPC be taken into account in computing the period of his incarceration. There is no response on record for the State.
5. Section 333(2) of the Criminal Procedure Code provided that: -
“Subject to the provisions of section 38 of the Penal Code (Cap 63) every sentence shall be deemed to commence from, and to include the whole of the day of, the date on which it was pronounced, except where otherwise provided in this Code. Provided that where the person sentenced under subsection (1) has, prior to such sentence, been held in custody, the sentence shall take account of the period spent in custody.”
6. I have considered the entire record. I have also considered the proceedings of the trial Court, the judgment and sentence. As already stated, the Court already complied with the provision of section 333(2) of the CPC.
7. In this regard, I find the application to be without merit and hereby proceed to dismiss it.
It is so ordered.
'