Charles Kalume Francis v Republic

Francis v Republic (Miscellaneous Criminal Application E057 of 2025) [2026] KEHC 1705 (KLR) (17 February 2026) (Ruling) Neutral citation: [2026] KEHC 1705 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT GARSEN MISCELLANEOUS CRIMINAL APPLICATION E057 OF 2025 JN NJAGI, J FEBRUARY 17, 2026 BETWEEN CHARLES KALUME FRANCIS ............................................................ APPELLANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The Applicant has filed an undated application seeking that the period spent in custody awaiting trial be taken into account as required by Section 333(2) of the Criminal Procedure Code. The same requires a court when sentencing an accused person who has been in custody to take into account the period spent in custody awaiting trial. 2. The application is supported by the affidavit of the Applicant in which he depones that he was sentenced to serve 20 years imprisonment over a charge of defilement. That the trial court in meting out the sentence did not adhere with the provision of Section 333(2) of the Criminal Procedure Code which will result in him serving an excessive sentence. That a failure to consider the same was a violation of his right to fair trial. 3. This court called for the lower court’s file. The court record indicates that the Applicant was arrested on 28/3/2015 and arraigned in court on 30/3/2015. He was sentenced on 19th May 2016. The Court record indicates that he was in prison custody throughout the trial which is a period of close to 14 months. 4. The provisions of Section 333(2) are mandatory. The Applicant was entitled to the said period being taken into account when he was sentenced. The trial magistrate did not do so. This was a misdirection on the prat of the trial magistrate that this court is obligated to correct by way of revision. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/1705/eng@2026-02-17 1

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