Wanjohi v Republic (Miscellaneous Criminal Application E022 of 2022) [2026] KEHC 8994 (KLR) (24 June 2026) (Ruling) Neutral citation: [2026] KEHC 8994 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAKURU MISCELLANEOUS CRIMINAL APPLICATION E022 OF 2022 JK SERGON, J JUNE 24, 2026 BETWEEN PETER MWANGI WANJOHI ................................................................. APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. Peter Mwangi Wanjohi the applicant herein was tried before the Chief Magistrate’s Court on a charge of defilement contrary to section 8(1) and (2) of the Sexual Offences Act No. 3 of 2006. At the end of the trial, the applicant was convicted and sentenced to serve 20 years imprisonment. 2. The applicant has now taken out the undated application whereof he applied for the period spent in remand custody to be factored in the sentence. When the application came up for hearing, Miss Mwaura who appeared on behalf of the Director of Public Prosecution, did not oppose the application and left it to this court to determine the same on the basis of the material placed before it. 3. This court has taken into account the grounds stated on the application and the facts deponed in the supporting affidavit. I have further perused the record of the trial court. It is apparent from the trial court’s record that the applicant spent 1 year 3 months 6 days in remand custody at the time of sentencing. 4. It is also apparent that the learned trial Chief Magistrate proceeded to sentence the applicant to serve 20 years imprisonment without factoring the period served in remand custody. In other words, the learned Chief Magistrate failed to give credit to the applicant for the period spent in lawful pre-trial custody. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8994/eng@2026-06-24 1
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5. The proviso to section 333(2) of the Criminal Procedure code expressly states: “ Provided that where the person sentenced under sub-section (1) has, prior to such sentence, been held in custody, the sentence shall take account of the period spent in custody”. 6. This court is bound to take steps even at this stage to ensure that credit is given to the applicant for the period spent in remand custody while undergoing trial on the sentence. 7. Consequently, the period served in custody pending trial ie one year three months and 6 days should be deducted from the 20 years’ imprisonment. 8. Consequently, the applicant namely Peter Mwangi Wanjohi should instead serve 18 years 8 months and 24 days from 22nd June, 2018. In other words, the prison authorities should deduct 1 year, 3 months and 6 days from the twenty (20) years sentence meted out against the applicant. DATED, SIGNED AND DELIVERED THIS 24TH DAY OF JUNE, 2026 AT NAKURU. J. K. SERGON JUDGE In presence of: Jamleck/Rutoh C/A Anyumba for Applicant Applicant present in person https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8994/eng@2026-06-24 2
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