The Appellant via Notice of Motion dated 11.7.2025 seeks the court to review the sentence as the trial court did not take into account period spent in custody when passing the sentence. The application is supported by the affidavit of the applicant, Samuel Nganga Njeri.
The prosecutor Ms Koech has conceded that the trial court did not pronounce itself in the period spent in custody while passing the sentence.
I have examined the lower court record.
On 15.8.2024, the trial court (Hon. D. Milimu SRM) sentenced the applicant as follows
“ the pre-sentence report is not favourable to the accused. It has come out that the complainant who is the mother of the accused express a lot of fear. she stated the offender has traumatized her that once he is released he will beat her up.
The community states the accused is at risk of being lynched if he is set free for above views combined with the seriousness of the offence. The accused person is sentenced to 5 years imprisonment without an alternative of a fine”
From the record, I have also confirmed that accused was arrested on 17.3.2024 and took plea on 19.3.2024.
He pleaded not guilty but on 24.7.2024, he substituted the plea of not guilty and pleaded guilty.
There is no evidence on the record that the accused was released on bail/bond despite being granted the same.
I thus order that he accused is entitled to the benefit of section 333 (2) of the CPC which the trial court overlooked during sentencing.
I thus order that the sentence of the accused shall be varied so that it runs from the date he was first arraigned in court i.e. 19.3.2024 and not the date he was actually sentenced on 15.8.2024.
Orders accordingly.
L. N. MUGAMBI
JUDGE
12.5.2026
HCC REV. E061 OF 2025 Page 1 | 1
The prosecutor Ms Koech has conceded that the trial court did not pronounce itself in the period spent in custody while passing the sentence.
I have examined the lower court record.
On 15.8.2024, the trial court (Hon. D. Milimu SRM) sentenced the applicant as follows
“ the pre-sentence report is not favourable to the accused. It has come out that the complainant who is the mother of the accused express a lot of fear. she stated the offender has traumatized her that once he is released he will beat her up.
The community states the accused is at risk of being lynched if he is set free for above views combined with the seriousness of the offence. The accused person is sentenced to 5 years imprisonment without an alternative of a fine”
From the record, I have also confirmed that accused was arrested on 17.3.2024 and took plea on 19.3.2024.
He pleaded not guilty but on 24.7.2024, he substituted the plea of not guilty and pleaded guilty.
There is no evidence on the record that the accused was released on bail/bond despite being granted the same.
I thus order that he accused is entitled to the benefit of section 333 (2) of the CPC which the trial court overlooked during sentencing.
I thus order that the sentence of the accused shall be varied so that it runs from the date he was first arraigned in court i.e. 19.3.2024 and not the date he was actually sentenced on 15.8.2024.
Orders accordingly.
L. N. MUGAMBI
JUDGE
12.5.2026
HCC REV. E061 OF 2025 Page 1 | 1