Kethi Linge Mieuko v Odpp

Mieuko v Odpp (Criminal Case E030 of 2025) [2025] KEHC 16274 (KLR) (29 October 2025) (Ruling) Neutral citation: [2025] KEHC 16274 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT GARSEN CRIMINAL CASE E030 OF 2025 JN NJAGI, J OCTOBER 29, 2025 BETWEEN KETHI LINGE MIEUKO ......................................................................... APPLICANT AND ODPP ..................................................................................................... RESPONDENT RULING 1. The applicant has filed an undated application seeking that the period spent in custody during his trial be taken into account in accordance with Section 333(2) of the Criminal Procedure Code that provides that where an accused person was held in Custody during the trial, the sentencing court shall put into account the period spent in custody when sentencing the accused. 2. I have perused the record and the judgment of the trial court as well as the High Court judgment in the appeal by the appellant. The record of the trial court indicates that the Applicant was arrested on 8th May 2021 and arraigned in court on 10th May 2021. He was thereafter released on bond on 1st September 2021 and was on 29th November 2023 sentenced to serve 10 years imprisonment. The applicant was therefore in remand custody in the period between his arrest on 8th May 2021 and the period he was released on bond on 1st September 2021 which is a period of 3 months and 23 days. This period ought to be taken into account in the sentence meted out the Applicant as the provisions of Section 333(2) of the Criminal Procedure Code are mandatory. 3. I accordingly order that a period of 3 months and 23 days be commuted from the Applicant’s sentence of 10 years imprisonment. Order accordingly. DELIVERED, DATED AND SIGNED AT GARSEN THIS 29 TH DAY OF OCTOBER 2025. J.N.NJAGI https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/16274/eng@2025-10-29 1

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