REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NYAMIRA (CHERERE-J) HCCRMISCAPP E054 OF 2025 IN THE MATTER OF SECTION 333(2) OF THE CRIMINAL PROCEDURE CODE BETWEEN EDGAR MOSOTA ONDIEKI....................................................APPLICANT VERSUS REPUBLIC........................................................................ ..........RESPONDENT RULING 1. Before Court is a Notice of Motion dated 03rd December 2025 in which the Applicant seeks that the period he spent in custody prior to his conviction be taken into account in computing his sentence. The application is grounded on Section 333(2) of the Criminal Procedure Code, which provides: “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
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sentence, been held in custody, the sentence shall take account of the period spent in custody.” 2. The proviso to that section places a duty upon the sentencing court to factor in the period an accused person has spent in custody before sentence is passed. 3. The record demonstrates that the Applicant was arrested on 19th August 2025 and remained in custody until 01st December 2025 when he was convicted and sentenced to serve five (5) years imprisonment. 4. Where the record is silent on compliance with Section 333(2), the Court is obliged to intervene so as to give full effect to the statutory requirement. To decline to do so would result in the Applicant serving a longer term than that contemplated by law. 5. In the circumstances, the sentence of 5 years imprisonment imposed by the trial court shall therefore be computed from 19th August 2025, being the date, the Applicant was first placed in custody. DELIVERED AT NYAMIRA THIS April 2026 WAMAE.T. W. CHERERE JUDGE 15th DAY OF
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Appearances Court Assistant - Anita Applicant - Present For the DPP - Mr. Mwangi
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