Justine Nyamboga Nyakwana v Republic

Nyakwana v Republic (Criminal Miscellaneous Application E027 of 2024) [2026] KEHC 6672 (KLR) (16 April 2026) (Ruling) Neutral citation: [2026] KEHC 6672 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NYAMIRA CRIMINAL MISCELLANEOUS APPLICATION E027 OF 2024 TW CHERERE, J APRIL 16, 2026 BETWEEN JUSTINE NYAMBOGA NYAKWANA .................................................. APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The Applicant has moved this Court seeking that the period spent in remand custody from 09th January 2021 to 06th September 2021 be taken into account in computing the sentence imposed. 2. From the material before the Court, including the application and supporting affidavit appearing at pages 2 and 3 of the record, the Applicant was arrested on 09th January 2021 and remained in custody until 06th September 2021 when he was convicted and sentenced to serve ten (10) years’ imprisonment. 3. Section 333(2) of the Criminal Procedure Code obligates a sentencing court to take into account the period spent in custody prior to conviction. The Court of Appeal has consistently held that such period must not only be noted but must be factored in while computing the sentence. 4. In the present case, there is no indication on record that the trial court expressly considered the period the Applicant spent in remand custody. 5. In the circumstances, the application is merited. The period spent in custody from 09th January 2021 to 06th September 2021 shall be taken into account in computing the sentence imposed in Keroka MCSO E002 of 2021. 7. Accordingly, the sentence of ten (10) years’ imprisonment shall be deemed to have commenced on 09th January 2021. DELIVERED AT NYAMIRA THIS 16TH DAY OF APRIL, 2026. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6672/eng@2026-04-16 1

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