Orina v Republic (Criminal Miscellaneous Application E016 of 2026) [2026] KEHC 6690 (KLR) (15 April 2026) (Ruling) Neutral citation: [2026] KEHC 6690 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NYAMIRA CRIMINAL MISCELLANEOUS APPLICATION E016 OF 2026 TW CHERERE, J APRIL 15, 2026 BETWEEN ROBERT KAMANDA ORINA ............................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The Applicant has moved this Court by an undated Notice of Motion seeking that this Court invokes Section 333(2) of the Criminal Procedure Code and takes into account the period he spent in remand custody prior to conviction. The application is supported by an undated affidavit sworn by the Applicant in which he depones that he was arrested and charged with the ofience of murder contrary to section 203 as read with section 204 of the Penal Code and that the period spent in custody ought to be fully considered in computing his sentence. 2. The application is premised on Section 333(2) of the Criminal Procedure Code which provides as follows: “ Subject to the provisions of section 38 of the Penal Code (Cap. 63), every sentence shall be deemed to commence from, and to include the whole of the day of, the date on which it was pronounced, except where otherwise provided in this Code. Provided that where the person sentenced has, prior to such sentence, been held in custody, the sentence shall take account of the period spent in custody.” 4. The duty of the sentencing court under the above provision is therefore mandatory, namely, to take into account the period already spent in custody before passing sentence. 4. This Court has carefully perused the record, and in particular the remand warrant dated 28th March 2023. The warrant expressly indicates that in sentencing the Applicant to six (6) years imprisonment, https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6690/eng@2026-04-15 1
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the court took into account the period spent in remand custody from 15th April 2021. It is therefore evident from the record that the trial court complied with the requirements of Section 333(2) of the Criminal Procedure Code. 4. In the premises, the present application is devoid of merit. This Court cannot purport to re-calculate or re-apply a benefit that was already expressly granted by the sentencing court. Accordingly, the undated Notice of Motion is hereby dismissed. DELIVERED AT NYAMIRA THIS 15th DAY OF April 2026 WAMAE.T. W. CHERERE JUDGE Appearances Court Assistant - Anita Applicant - Present For the DPP - Mr. Mwangi https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6690/eng@2026-04-15 2
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