Barasa v Republic (Criminal Application E010 of 2026) [2026] KEHC 7769 (KLR) (30 April 2026) (Ruling) Neutral citation: [2026] KEHC 7769 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT BUNGOMA CRIMINAL APPLICATION E010 OF 2026 E OMINDE, J APRIL 30, 2026 BETWEEN JOSEPHAT WANYONYI BARASA ........................................................ APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. 2. By way of an undated Notice of Motion, the Applicant herein moved the court seeking the following orders; 1. Spent 2. That may this Hon. Court be pleased to exercise its criminal revision jurisdiction opined in paragraph 50(e)(f) of the Supreme Court Ruling in Application No. 2 of 2011 and grant to review my sentence downwards 3. That may this Hon Court be pleased to declare that the Applicant herein is constitutionally entitled to this benefit of the least sentence have awarded any other offender of a similar charge(s) as every person is equal before the law 4. That no cost in this Application as the Applicant is a pauper and has no money which may be required as a fee. The Application is supported by the Applicants Undated Affidavit the contents of which he entirely relies. At the hearing, the Prosecution informed the court that from her perusal of the Affidavit in support of the Application, she opined that he had raised three issues for the court’s consideration the 1st being a sentence review under Article 50 of the Constitution, the 2nd being for sentence review generally and the 3rd being for sentence review is under Section 333(2) of the Criminal Procedure Code https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7769/eng@2026-04-30 1
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wherein he prays to Court that as provided under the said Section 333(2) the Court considers and factors into his sentence the period that he was in remand custody during the trial. 3. The Applicant informed the court that he now wishes to abandon the 1st two prayers for sentence review and will only proceed with the prayer under Section 333(2) of the Criminal Procedure Code. The prosecution did not object to this Application. The court therefore marked the two prayers for sentence review as abandoned as prayed. 4. I have perused the record of the proceedings of sentencing. From the same it is clearly apparent that the period that the applicant spent in remand custody was not considered in the sentence meted out for reasons that he was sentenced to suffer death. The said sentence was subsequently commuted to life imprisonment and eventually reduced to 30 years’ imprisonment and even in the said reduction, the period spent in remand was not factored. 5. In this regard, having confirmed from the Lower Court record that the Applicant took plea on 17th August 2010 and was sentenced on 18th April 2011 bringing the remand period to 8 months 1 day, I allow the Application under Section 333(2) of the Criminal Procedure Code and I now hereby direct that this period be computed into his sentence of 30 years’ imprisonment. 6. It is so ordered. Right of Appeal 14 days. READ DATED AND SIGNED AT BUNGOMA ON 30TH APRIL 2026 E. OMINDE JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7769/eng@2026-04-30 2
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