Pius Wamalwa v Republic

Wamalwa v Republic (Miscellaneous Criminal Application E016 of 2024) [2026] KEHC 7988 (KLR) (28 May 2026) (Ruling) Neutral citation: [2026] KEHC 7988 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT BUNGOMA MISCELLANEOUS CRIMINAL APPLICATION E016 OF 2024 E OMINDE, J MAY 28, 2026 BETWEEN PIUS WAMALWA ..................................................................................... 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 only prays that the period spent in remand be considered. 3. Counsel for the State, Miss Matere in her Oral submissions stated that she is not opposed to the application. 4. I have considered the Judgment and Sentence rendered in the matter by the Hon. Lady Justice Abida Aroni. I note that the mandatory provisions of Section 333(2) of the Criminal Procedure Code were not therein factored. The Applicant took Plea on 1st November 2010. He was granted bond on the 21st September 2016. On 1st February 2018, Judgment was delivered and his bond was cancelled before he was subsequently sentenced on 22nd March, 2018. He was therefore in remand for a period of 6 years and eleven months. In this regard the court now hereby directs that this period be factored into his sentence of 20 years Imprisonment. 5. Right of Appeal 14 days. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7988/eng@2026-05-28 1

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