1. The Applicant herein moved this Court by way of Notice of Motion dated 18 th March 2026 wherein prays to Court that as provided under Section 333(2) of the Criminal Procedure Code , the Court considers and factors into his sentence the period that he spent in remand custody during the trial.
2. In the Affidavit is support of the Application, he states that he was charged with the offences of Defilement Contrary to Section 8(1) as read with Section 8(4) of the Sexual Offences Act No. 3 of 2006 convicted and sentenced to 15 years’ imprisonment in Sirisia Criminal Case No. E031 of 2023. He states that he has no issue with the conviction and the sentence save for his prayer under Section 333(2) aforementioned.
3. Counsel for the State in his oral representations stated that he has no objection to the period that the Applicant spent in remand be factored into the Applicant’s 15 year’ sentence as he has prayed. I have considered the Applicant’s Application. I have taken into consideration the fact that the provision under which the application has been made is a mandatory provision and in this regard, the Application has merit.
4. I have perused the record of the proceedings of sentencing. It shows that the remand period was not factored into the sentence of 15 years’ imprisonment that the trial court imposed. The record shows that the Applicant was charged on 23 rd November 2023 and remanded in custody until 12 th September 2024 when he was sentenced.
5. This brings the period that the Applicant spent in custody to 9 Months and 20 days. I therefore allow the Applicant’s Application and direct the period of 6 Months and 5 days that the applicant spent in remand custody be factored into his sentence of 15 years’ imprisonment.
6. Right of Appeal 14 days
Read dated and Signed at BUNGOMA on 30 th July 2026.
E. OMINDE JUDGE
1 | Page BUNGOMA HCCRMISC. NUMBER E060 OF 2026
2. In the Affidavit is support of the Application, he states that he was charged with the offences of Defilement Contrary to Section 8(1) as read with Section 8(4) of the Sexual Offences Act No. 3 of 2006 convicted and sentenced to 15 years’ imprisonment in Sirisia Criminal Case No. E031 of 2023. He states that he has no issue with the conviction and the sentence save for his prayer under Section 333(2) aforementioned.
3. Counsel for the State in his oral representations stated that he has no objection to the period that the Applicant spent in remand be factored into the Applicant’s 15 year’ sentence as he has prayed. I have considered the Applicant’s Application. I have taken into consideration the fact that the provision under which the application has been made is a mandatory provision and in this regard, the Application has merit.
4. I have perused the record of the proceedings of sentencing. It shows that the remand period was not factored into the sentence of 15 years’ imprisonment that the trial court imposed. The record shows that the Applicant was charged on 23 rd November 2023 and remanded in custody until 12 th September 2024 when he was sentenced.
5. This brings the period that the Applicant spent in custody to 9 Months and 20 days. I therefore allow the Applicant’s Application and direct the period of 6 Months and 5 days that the applicant spent in remand custody be factored into his sentence of 15 years’ imprisonment.
6. Right of Appeal 14 days
Read dated and Signed at BUNGOMA on 30 th July 2026.
E. OMINDE JUDGE
1 | Page BUNGOMA HCCRMISC. NUMBER E060 OF 2026