Nambute v Republic (Miscellaneous Criminal Application E101 of 2024) [2024] KEHC 10454 (KLR) (27 August 2024) (Ruling) Neutral citation: [2024] KEHC 10454 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISUMU MISCELLANEOUS CRIMINAL APPLICATION E101 OF 2024 MS SHARIFF, J AUGUST 27, 2024 BETWEEN JOSHUA OUYA NAMBUTE ................................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The Applicant herein has moved this court for orders that the computation of his custodial term should factor in the pretrial term served. 2. Whereas the proceedings of the trial court have not been annexed I am inclined to allow the application. I thus order that pursuant to the provisions of Section 333 (2) of the Criminal Procedure Code, any pretrial term served should be taken into account when computing the Applicant’s term. 3. It is hereby so ordered. 4. This file is marked as closed. DELIVERED, SIGNED AND DATED AT KISUMU THIS 27TH DAY OF AUGUST, 2024. M. S. SHARIFF JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/10454/eng@2024-08-27 1
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