Makau Musya v Republic

Musya v Republic (Criminal Review E251 of 2024) [2026] KEHC 4396 (KLR) (28 January 2026) (Ruling) Neutral citation: [2026] KEHC 4396 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KITUI CRIMINAL REVIEW E251 OF 2024 LW GITARI, J JANUARY 28, 2026 BETWEEN MAKAU MUSYA ...................................................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The applicant was charged with Grievous Harm contrary to Section 234 of Penal Code (Cap 63 Laws of Kenya) in Criminal Case No. E049/2020 at Kyuso Law Court. He denied the charge and was tried and eventually convicted and sentenced to serve ten (10) years imprisonment. 2. He has approached the court with mitigating factors for consideration. The applicant states that he is not disputing the sentence but urges the court to consider that he was the sole breadwinner of his family, is remorseful, has learnt a lesson that crime does not pay but only ruins ones life. The applicant urges the court to find that he has benefited from Prison Rehabilitation. That the entire family has forgiven him, hence ready to be re-integrated in the community. 3. The applicant however, abandoned this application for review and asked the court to consider the time spent in custody. This is in line with Section 333(1) & (2) of the Criminal Procedure Code (Cap 75 of Laws of Kenya) which provides that the time spent in custody be taken into account when passing sentence. The applicant was not in custody throughout the trial. He only served a time in custody from date of arrest on 23/12/2020 upto 18/02/2021 when he was released on after depositing cash bail. The period spent in custody was one month and twenty six days. 4. This was not taken into account when passing sentence. I order that the sentence imposed be reduced by one month and twenty six days to take into account the time the applicant spent in custody while awaiting trial before he was released on bond. DATED, SIGNED AND DELIVERED AT KITUI THIS 28TH DAY OF JANUARY, 2026. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4396/eng@2026-01-28 1

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