Derrick Ben Baraza v Republic

Baraza v Republic (Criminal Revision E044 of 2026) [2026] KEHC 8753 (KLR) (Crim) (19 June 2026) (Ruling) Neutral citation: [2026] KEHC 8753 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) CRIMINAL CRIMINAL REVISION E044 OF 2026 AM MUTETI, J JUNE 19, 2026 BETWEEN DERRICK BEN BARAZA ....................................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The accused person was arrested on 28/3/2026. There is a record showing that he was granted a cash bail of Ksh. 20,000/= but he does not appear to have raised the same thus he remained in custody. 2. The trial court in sentencing the applicant on 27th April 2026 does not appear to have given effect to the provisions of Section 333(2) of the Criminal Procedure Code to have the period spent in custody before sentence discounted from the 8 (eight) months imprisonment. 3. Accordingly, this court allows the revision in exercise of the powers conferred upon it under Section 362 and 364 of the Criminal Procedure Code as read together with Article 165 (6) of the Constitution. 4. The period of 8 (eight months) imprisonment shall be computed from the date of arrest and remand. It is so ordered. DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI THIS 19TH DAY OF JUNE, 2026. A. M. MUTETI JUDGE In the presence of: Habiba: Court Assistant https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8753/eng@2026-06-19 1

page 1 of 2