1. The Applicant filed an undated Application seeking an order that this Court reviews his sentence pursuant to section 333(2) of the Criminal Procedure Code. He was charged with the offence of threatening to kill contrary to section 223(1) of the Penal Code. After a full trial, he was found guilty of the offence and sentenced to serve five (5) years' imprisonment.
2. The Applicant contends that although he remained in custody for a period of eleven (11) months before he was sentenced, that period was not taken into account when the sentence was imposed. He therefore prays that the Court reviews the sentence in accordance with section 333(2) of the Criminal Procedure Code.
3. Section 333(2) of the Criminal Procedure Code provides:
"Subject to the provisions of section 38 of the Penal Code, every sentence shall be deemed to commence from, and to include, the whole of the day on which it was pronounced...
Provided that where the person sentenced has, prior to such sentence, been held in custody, the sentence shall take account of the period spent in custody."
Analysis and determination
4. The import of the proviso to section 333(2) is that where an accused person has remained in custody before sentence, the sentencing court is obligated to take that period into account in determining the appropriate sentence. The provision does not necessarily require the court to deduct the period spent in custody arithmetically from the sentence imposed. What is required is that the record demonstrates that the court considered the period spent in remand before arriving at the final sentence.
5. The State did not oppose the application
6. I have carefully perused the proceedings and the sentencing remarks of the trial court. The Applicant was arrested on 4th March 2025 and was sentenced on 19th January 2026. I have noted that this period was not included in his sentence.
7. In the circumstances, I find error and omission in the sentencing as the court overlooked the period spent in custody as provided for under Section 333(2) of the Criminal Procedure Code.
Orders
9. Accordinglythe Application is allowed and the prison authorities shall compute the sentence from the date of arrest of the Applicant.
Delivered at Kericho on 27th July 2026
In the presence of:-
Ms. Loice Osoro for the State
Robert Kipngetich Rono - Applicant
Court Assistant – Irene
2. The Applicant contends that although he remained in custody for a period of eleven (11) months before he was sentenced, that period was not taken into account when the sentence was imposed. He therefore prays that the Court reviews the sentence in accordance with section 333(2) of the Criminal Procedure Code.
3. Section 333(2) of the Criminal Procedure Code provides:
"Subject to the provisions of section 38 of the Penal Code, every sentence shall be deemed to commence from, and to include, the whole of the day on which it was pronounced...
Provided that where the person sentenced has, prior to such sentence, been held in custody, the sentence shall take account of the period spent in custody."
Analysis and determination
4. The import of the proviso to section 333(2) is that where an accused person has remained in custody before sentence, the sentencing court is obligated to take that period into account in determining the appropriate sentence. The provision does not necessarily require the court to deduct the period spent in custody arithmetically from the sentence imposed. What is required is that the record demonstrates that the court considered the period spent in remand before arriving at the final sentence.
5. The State did not oppose the application
6. I have carefully perused the proceedings and the sentencing remarks of the trial court. The Applicant was arrested on 4th March 2025 and was sentenced on 19th January 2026. I have noted that this period was not included in his sentence.
7. In the circumstances, I find error and omission in the sentencing as the court overlooked the period spent in custody as provided for under Section 333(2) of the Criminal Procedure Code.
Orders
9. Accordinglythe Application is allowed and the prison authorities shall compute the sentence from the date of arrest of the Applicant.
Delivered at Kericho on 27th July 2026
In the presence of:-
Ms. Loice Osoro for the State
Robert Kipngetich Rono - Applicant
Court Assistant – Irene