Mogire v Republic (Miscellaneous Criminal Application E062 of 2025) [2026] KEHC 8955 (KLR) (17 June 2026) (Ruling) Neutral citation: [2026] KEHC 8955 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISII MISCELLANEOUS CRIMINAL APPLICATION E062 OF 2025 SIFUNA NIXON, J JUNE 17, 2026 BETWEEN GEORGE KAKO MOGIRE ..................................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The Applicant, was charged with the Ofience of Assault Causing Actual Bodily Harm contrary to Section 251 of the Penal Code (Cap 63 Laws of Kenya.). That was in ETAGO PM’s Court Criminal Case No. E316 OF 2023. In which he was convicted of the Ofience, and sentenced to a fine of Ksh 40,000=, and in default, to serve imprisonment for one year. 2. He has by this Application sought a review of that sentence, for purposes of taking into account, the time he spent in remand custody. The Application is brought under the provisions of Section 333 (2) of the Criminal Procedure Code (Cap 75 Laws of Kenya. Which provides that when imposing sentence, the time that the Accused has spent in custody, shall be taken into account. This is a right of every convict in the computation of sentence. 3. That section states as follows: Section 333 (2) “Subject to the provisions of Section 38 of the Penal Code (Cap 63 Laws of Kenya) every sentence shall be deemed to commence from, and to include the whole of the day of, the date on which it was pronounced, except where otherwise provided in this Code. Provided that where the person sentenced under subsection (1) has, prior to such sentence, been held in custody, the sentence shall take account of the period spent in custody.” https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8955/eng@2026-06-17 1
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4. I have considered this Application. The Applicant was convicted on 3rd September 2024, and sentenced to a fine of Ksh 40,000=, and in default to serve imprisonment for one year. From the record on the trial file, the Applicant took plea on 27th December 2023, and was remanded. He remained in remand from that date until on 3rd September 2024 the date of sentence. 5. From this computation, the cumulative period spent in custody is 8 months 14 days. Which period should have been factored into his sentence of one year imprisonment. As it was not, I hereby order that, that period be taken into account, in computing the duration of his sentence. DATED AND DELIVERED AT KISII ON THIS 17TH DAY OF JUNE 2026. PROF (DR) NIXON SIFUNA JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8955/eng@2026-06-17 2
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