R U L I N G
1. The Applicant prayed that:
I. The honourable court be pleased to certify this application as urgent and dispose of it at first instance.
II. The honourable court direct that the period spent in remand pending conclusion of his case be factored into the current custodial sentence.
2. He said that he was convicted and sentenced to serve ten years imprisonment for the offence of attempted rape vide E024 of 2021 at Mombasa Law Courts.
3. The charge sheet on record shows that the Applicant was arrested on 26/02/2021. He was first arraigned in court on 01/03/2021. He pleaded not guilty and he was given a bond of Kshs. 200,000/= with one surety of a similar amount.
4. He was not able to get a surety and he remained in custody for the duration of the offence. He was convicted and sentenced on 30/09/2021. Consequently, he spent some 7 months in remand custody.
5. The sentence notes do not refer to this duration and accordingly I find that under Section 333 of the Criminal Procedure Code, the trial court ought to have deducted the same.
6. The Application therefore has merit and it is allowed.
7. The sentence starts to run from 26/03/2021.
Dated, signed and delivered in Open Court/online through MS TEAMS,
this …15th …day of …May… 2025