Muunda v Republic (Criminal Revision E054 of 2025) [2026] KEHC 6962 (KLR) (21 May 2026) (Ruling) Neutral citation: [2026] KEHC 6962 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MACHAKOS CRIMINAL REVISION E054 OF 2025 NIO ADAGI, J MAY 21, 2026 BETWEEN JOHN KITUKU MUUNDA .................................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The Applicant filed a Notice of Motion dated 15th September 2025 seeking to have the period of six (6) months and 3 days he spent in custody pending trial to be computed in the four 4 years sentence he is serving pursuant to the provision of Section 333(2) of the CPC. 2. The Applicant also orally applied that he be committed to a non-custodial sentence since he has a family of young children and that he is the bread winner. 3. I have perused the trial court’s record and I note that while sentencing the Applicant, the trial Magistrate stated as follows:“ The accused is hereby sentenced to pay a fine of Kshs.150,000/- In default to serve 4 years imprisonment.” There is no indication that the trial court took into account the period the Applicant was in custody pending trial ie. 6 months and 3 days. 4. I have also considered the Pre-sentence Report dated 1/09/2025 and prepared by Rachael Ongoro, the Probation Officer Wamunyu which report was present before the trial court. The said Report recommended that the Applicant be placed on probation for one year. 5. The trial court record shows that the Applicant was a first offender. Taking into account the facts of this case, the Pre-sentence Report tendered by the Probation Officer and the oral submissions by the https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6962/eng@2026-05-21 1
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Applicant, I will proceed to commit the Applicant to serve a non-custodial sentence of one (1) year from the date of this ruling at the Wamunyu Probation offices. 6. The Applicant shall henceforth be released from prison to have him serve the probation community service order unless he is otherwise lawfully held. The Applicant is warned from repeating the offence or engaging in crime. 7. The Applicant is ordered to fully co-operate during the probation sentence failure to which he will have to complete his custodial sentence. It is so ordered. This file is closed. RULING SIGNED, DATED AND DELIVERED VIRTUALLY VIA MICROSOFT TEAMS ON THIS 21ST DAY OF MAY, 2026. NOEL ADAGI JUDGE In the presence of: Applicant at Kitengela Prison Ms Agatha for the Respondent Milly - Court Assistant/Interpreter https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6962/eng@2026-05-21 2
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