1. Before this court is the applicant’s Notice of Motion dated 04th November 2025 seeking review of sentence pursuant to section 333(2) of the Criminal Procedure Code. The applicant prays that the period spent in custody prior to conviction be taken into account in computing his sentence. The respondent did not oppose the application.
2. I have considered the application, the supporting affidavit and the law applicable.
3. Section 333(2) of the Criminal Procedure Code provides that:
“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 of, the date on which it was pronounced, except where otherwise provided in this Code.”
4. The Court of Appeal in Ahamad Abolfathi Mohammed & another v Republic [2018] eKLR affirmed that the requirement under section 333 (3) of the CPC is substantive and must be reflected by a proportionate adjustment of the sentence.
5. The record of the trial court reveals that the applicant was arrested on 01st December 2016 and remained in custody until the date of conviction on 26th November 2020. The trial court did not indicate that the said period had been taken into account while sentencing the applicant.
6. Consequently, I find merit in the application dated 04th November 2025 and the same is hereby allowed. Accordingly, the 20-year sentence imposed in Nyamira CMSO Case No. 12 of 2016 shall run from 01st December 2016 being the date of the applicant’s arrest and commencement of custody.
2. I have considered the application, the supporting affidavit and the law applicable.
3. Section 333(2) of the Criminal Procedure Code provides that:
“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 of, the date on which it was pronounced, except where otherwise provided in this Code.”
4. The Court of Appeal in Ahamad Abolfathi Mohammed & another v Republic [2018] eKLR affirmed that the requirement under section 333 (3) of the CPC is substantive and must be reflected by a proportionate adjustment of the sentence.
5. The record of the trial court reveals that the applicant was arrested on 01st December 2016 and remained in custody until the date of conviction on 26th November 2020. The trial court did not indicate that the said period had been taken into account while sentencing the applicant.
6. Consequently, I find merit in the application dated 04th November 2025 and the same is hereby allowed. Accordingly, the 20-year sentence imposed in Nyamira CMSO Case No. 12 of 2016 shall run from 01st December 2016 being the date of the applicant’s arrest and commencement of custody.