Muli v Republic (Criminal Miscellaneous Application E004 of 2025) [2025] KEHC 19499 (KLR) (19 December 2025) (Ruling) Neutral citation: [2025] KEHC 19499 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KITUI CRIMINAL MISCELLANEOUS APPLICATION E004 OF 2025 LW GITARI, J DECEMBER 19, 2025 BETWEEN FRANCIS KIMWELE MULI ................................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. I have perused the record of the trial court. The applicant was in remand thro’ out the trial. The learned magistrate did not consider the time the applicant had spent in remand awaiting trial. Section 333(2) of the Criminal Procedure Code requires in mandatory terms that time spent in prison be taken into account when passing sentence. Taking into account requires that time spent in prison awaiting trial reduces the sentence which is imposed on the accused. This was not done. The applicant filed an appeal in the High Court but the Judge did not interfere with the sentence. He said that accused was lucky as he was not sentenced to life imprisonment. 2. I find that the application has merits. I order that the sentence imposed on the applicant shall run form 9/9/2020 to take into account the time spent in custody awaiting trial. DATED, SIGNED AND DELIVERED AT KITUI THIS 19TH DAY OF DECEMBER 2025 HON. LADY JUSTICE L. GITARI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19499/eng@2025-12-19 1
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