The applicant, through an undated Notice of Motion Application supported by the `Affidavit of the applicant, Peter Macharia Munyau sworn on 27.10.2025, seeks among others, that the court do review the sentence of 30 years imposed on him by taking into account the Provision of Section 333 (2) of the CPC which the lower court did not consider at the time of sentencing.
The prosecutor, Ms Koech has conceded that the lower court, in pronouncing itself to sentence did not expressly indicate that it had taken into account the period that applicant had spent in custody.
The applicant has stated that he is only concerned with as the court considering this period which the lower court overlooked.
I have carefully examined the trial court record and I have confirmed that the applicant took plea on 17.7.2020 and although the court granted him bail there is nothing on record to show that he actually secured, release on bond or bail.
He was thus in custody throughout the time.
Judgment was delivered on 6.5.2021 and he was sentenced on 27.5.2021.
In passing the sentence, the Trial Magistrate, L. Wachira (CM) did not take the period spent in custody into account thereby denying the Applicant the benefit of section 333(2) of the criminal procedure code.
I thus order that the sentence of the Applicant by the lower court be revised to run from 16.7.2020, which is the date of arrest as per the charge sheet and not the 27.5.2021 when he was sentenced.
As the applicant has indicated he is not pursuing anything else in the application, the file is hereby closed.
Orders accordingly.
L. N. MUGAMBI
JUDGE
12.5.2026
HCCRREV.E061 OF 2025 Page 1 | 1
The prosecutor, Ms Koech has conceded that the lower court, in pronouncing itself to sentence did not expressly indicate that it had taken into account the period that applicant had spent in custody.
The applicant has stated that he is only concerned with as the court considering this period which the lower court overlooked.
I have carefully examined the trial court record and I have confirmed that the applicant took plea on 17.7.2020 and although the court granted him bail there is nothing on record to show that he actually secured, release on bond or bail.
He was thus in custody throughout the time.
Judgment was delivered on 6.5.2021 and he was sentenced on 27.5.2021.
In passing the sentence, the Trial Magistrate, L. Wachira (CM) did not take the period spent in custody into account thereby denying the Applicant the benefit of section 333(2) of the criminal procedure code.
I thus order that the sentence of the Applicant by the lower court be revised to run from 16.7.2020, which is the date of arrest as per the charge sheet and not the 27.5.2021 when he was sentenced.
As the applicant has indicated he is not pursuing anything else in the application, the file is hereby closed.
Orders accordingly.
L. N. MUGAMBI
JUDGE
12.5.2026
HCCRREV.E061 OF 2025 Page 1 | 1