Nyaundi v Republic (Miscellaneous Criminal Application E144 of 2024) [2026] KEHC 8956 (KLR) (11 June 2026) (Ruling) Neutral citation: [2026] KEHC 8956 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISII MISCELLANEOUS CRIMINAL APPLICATION E144 OF 2024 SIFUNA NIXON, J JUNE 11, 2026 BETWEEN DOMINIC MURINGE NYAUNDI ........................................................ APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The Applicant Dominic Muringe Nyaundi, was charged with the Ofience of Murder contrary to Section 203 as read with Section 204 of the Penal Code (Cap 63 Laws of Kenya.). That was in Kisii High Court Criminal Case No. 25 Of 2010. After a lengthy trial, he was convicted of the Ofience, and sentenced to 20 Years imprisonment. 2. He has by this Application sought a sentence review of that sentence, for purposes of taking into account, the time he spent in remand custody. Under the provisions of Section 333 (2) of the Criminal Procedure Code (Cap 75 Laws of Kenya), the taking into account of the period spent in custody, 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.” 4. I have considered this Application. The Applicant was convicted on 29th October 2018, and sentenced on 21st November 2018, to 20 years imprisonment. From the record on the trial file, the Applicant https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8956/eng@2026-06-11 1
page 1 of 2
took plea on 26th March 2010, and was remanded. He remained in remand from that date until on 17th February 2016 when he was released on bail/bond. He later again remanded on 29th October 2018 when he was convicted, until 21st November 2018 when he was sentenced. 5. From this computation, the cumulative period spent in custody is 5 years 11 months and 17 days. Which period should have been factored into his 20 years sentence. 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 11TH DAY OF JUNE 2026. PROF (DR) NIXON SIFUNA JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8956/eng@2026-06-11 2
page 2 of 2