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…Provided that where the person sentenced under sub section (1) has, prior to such sentence, been held in custody, the sentence shall take account of the period spent in custody.”…

…I have considered that the time spent in custody was not taken into account in the sentence, the offender has been in custody for over 5 years and he has reformed.…

…He submitted that the time he spent in remand pending trial was not taken into account.…

…Provided that where the person sentenced under subsection (1) has, prior to such sentence, been held in custody, the sentence shall take account of the period spent in custody.…

…With respect, there is no evidence that the court took into account the period already spent by the appellants in custody.…

…“Taking into account” the period spent in custody must mean considering that period so that the imposed sentence is reduced proportionately by the period already spent in custody.…

…He therefore prays that this appeal be allowed and the time he spent in remand custody be computed in the sentence he is to serve. 6.…

…Provided that where the person sentenced under subsection (1) has, prior to such sentence, been held in custody, the sentence shall take account of the period spent in custody. 15.…

…This ruling is in respect of a Notice of Motion dated 28th July, 2023 by the applicant seeking the following orders: a) Spent. b) Spent. c) The Honourable court be pleased to make an order that all proceedings in respect…

…The court notes that the Applicant filed a Notice of Motion dated 1st February 2023 seeking the following orders: a) Spent b) That this Honourable Court be pleased to grant stay of execution of the Judgment delivered on 19th…

…The trial magistrate did not consider the period that he spent in custody during the pre- trial of this case bearing in mind that he was not bailed out according to him. 13.…

…The import of the above provision is that the trial court should consider the time spent in custody where the appellant has not secured bail/bond. 27.…

…“Taking into account” the period spent in custody must mean considering that period so that the imposed sentence is reduced proportionately by the period already spent in custody.…

…the period already spent in custody. ….…

…Having considered the same, I Wish to abandon the appeal and pray the time spent in custody to be considered. I filed my submission and indicated so.…

…Today, the Appellant has confirmed that indeed, she is only interested in having the number of days she spent in custody being taken to account in the sentence.…

…The applicant has now moved to court seeking consideration of the 4 years spent in custody during trial.…

…It argued that the court in passing the sentence took into consideration the period of spent in custody during the trial period and therefore urged the court to dismiss the application. 6.…

…The Appellant has also challenged his sentence on the grounds that the time spent in custody was not taken into account.…

…“Taking into account” the period spent in custody must mean considering that period so that the imposed sentence is reduced proportionately by the period already spent in custody.…

…He avers that the period that he spent in custody was not considered. He cites Ahmed Abolfadhi Mohamed & another vs. Republic [2018] eKLR (K.…

…There is a proviso though, to effect that where the convict had spent some time in custody, prior to sentence, the period spent in custody should be considered.…

…Provided that where the person sentenced under subsection (1) has, prior to such sentence, been held in custody the sentence shall take account of the period spent in custody”. 12.…

…Based on the provision of the Section 333(2) aforesaid the Applicant is indeed entitled to the benefits of the section for the time spent in remand during the pendency of the case; 14.…

……………Taking into account the period spent in custody must mean considering that period so that the imposed sentence is reduced proportionately by the period already spent in custody.…

…the period already spent in custody.…

…With respect, there is no evidence that the court took into account the period already spent by the appellants in custody.…

…“Taking into account” the period spent in custody must mean considering that period so that the imposed sentence is reduced proportionately by the period already spent in custody.…

…With respect, there is no evidence that the court took into account the period already spent by the appellants in custody.…

…“Taking into account” the period spent in custody must mean considering that period so that the imposed sentence is reduced proportionately by the period already spent in custody.…

……………Taking into account the period spent in custody must mean considering that period so that the imposed sentence is reduced proportionately by the period already spent in custody.…

…the period already spent in custody.…

…Chirchir , opposed the appeal save to the extent of recognizing that the period the Appellant spent in pre-trial custody ought to have been considered under Section 333(2) of the Criminal Procedure Code .…

…I however note that the trial court did not expressly consider the period he spent in remand custody while awaiting his trial.…

…Whether the sentence imposed ought to be interfered with on account of the period spent in remand custody. Analysis and Determination 15.…

…He had therefore spent approximately one (1) year, six (6) months and four (4) days in pre-trial custody. 25.…

…In mitigation, the Appellant stated he prayed for pardon, that he had a young family and younger siblings who depended on him, and that he had learnt his lesson during the time he spent on remand. 11.…

…, and that where the trial court failed to factor in the period spent in custody, the sentence imposed must be interfered with to factor in that period.…