Kevin Wanyonyi v Republic

Wanyonyi v Republic (Miscellaneous Criminal Case E020 of 2026) [2026] KEHC 7779 (KLR) (28 May 2026) (Ruling) Neutral citation: [2026] KEHC 7779 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT BUNGOMA MISCELLANEOUS CRIMINAL CASE E020 OF 2026 E OMINDE, J MAY 28, 2026 BETWEEN KEVIN WANYONYI ................................................................................ APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The Applicant herein moved this Court by way of undated Notice of Motion. He prays that the Court as provided Under Section 333(2) of the Criminal Procedure Code, the Court considers and factors into his sentence the period that he was in remand custody during the trial. 2. He states in his Affidavit in support of the Application that he was charged with the ofience of Murder Contrary to Section 203 as Read with Section 204 of the Penal Code and was sentenced to serve 20 years’ imprisonment. That he has no issue with the conviction and the sentence and he prays that the period Spent in remand be considered. 3. I have considered the Judgment and the record of Sentencing of Lady Justice Abida Ali-Aroni and I note that the mandatory provisions of Section 333(2) of the Criminal Procedure Code were not factored in the Sentence that was delivered on 26th February 2018. The Record shows that the accused took Plea on 4th August 2011 and was admitted to Bond on 2nd May 2012. On the date of Judgment, on the 25th January 2018, his bond was cancelled and he was sentenced on 26th February 2018. He was therefore in Custody for a period of 9 Months and 29 days. This period is therefore to be factored into his Sentence of 20 years’ imprisonment. 4. Right of Appeal 14 days. READ DATED AND SIGNED AT BUNGOMA ON 28TH DAY OF MAY, 2026 E. OMINDE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7779/eng@2026-05-28 1

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