Jackson Mwashi v Republic

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA MISC. CRIMINAL APPICATION NO. E007 OF 2026 JACKSON MWASHI……………….……………………..…………………..…………APPLICANT VERSUS REPUBLIC…………………………………………………………..……………….… RESPONDENT RULING 1. The Applicant was charged and convicted with the offence of rape contrary to Section 3(1)(a) of the Sexual Offences Act. He was sentenced to 10 years imprisonment and he contends that he never appealed. He has now moved this court through an undated application seeking the computation of time spent in custody. It is his contention that the period he spent in custody prior to being sentenced was not taken into account being the period between 6 August 2020 and 28 September 2021. 2. The Court has examined the record of the trial court as well as the judgment of the trial court rendered on 26 June 2023. The record shows that the Applicant was arrested on 6 August 2020 and he remained in custody until 25 May 2021 when the surety was approved. However, the surety was discharged on 28 September 2021 and the Applicant was taken back to custody. The warrant of commitment in the trial court file shows that the sentence imposed on the Applicant was to run from 28 September 2021 “when his surety withdrew and was discharged.” It is therefore clear that the period between 6 August 2020 and 25 May 2021 was not taken into consideration. 3. Consequently, pursuant to the provisions of Section 332(2) of the Criminal procedure Code, it is hereby ordered that the period spent in custody between 6 August 2020 and 25 May 2021 be taken into account in the Applicant’s sentence. Ruling dated and delivered virtually this 18th day of June 2026 ________________ Page 1 of 2

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