Masoni alias Kevo v Republic (Criminal Application E168 of 2025) [2026] KEHC 9278 (KLR) (18 June 2026) (Ruling) Neutral citation: [2026] KEHC 9278 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT BUNGOMA CRIMINAL APPLICATION E168 OF 2025 E OMINDE, J JUNE 18, 2026 BETWEEN KEVIN MASONI ALIAS KEVO ............................................................. APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The Applicant herein moved this Court by way of undated Notice of Motion wherein prays to Court that as provided under Section 333(2) of the Criminal Procedure Code, the Court considers and factors into his sentence the period that he spent in remand custody during the trial. 2. In the Affidavit is support of the Application, he states that he was charged with the ofience of Manslaughter Contrary to Section 202 as read with Section 205 of the Penal Code, convicted and sentenced to 10 years’ imprisonment in Criminal Case No. 22 of 2017. He states that he has no issue with the conviction and the sentence save for his prayer under Section 333(2) aforementioned. 3. Counsel for the State in her oral representations stated that she has no objection to the period that the Applicant spent in remand be factored into the Applicant’s 10 year’ sentence as he has prayed. I have considered the Applicant’s Application. I have taken into consideration the fact that the provision under which the application has been made is a mandatory provision and in this regard, the Application has merit. 4. I have perused the record of the proceedings of sentencing. It shows that the remand period was not factored into the sentence of 10 years’ imprisonment that the trial court imposed. The record shows that the Applicant was charged on 21st July 2017. He was released on bond on 19th October 2017. He was rearrested on 26th March 2018 and remanded in custody until 29th July 2021 when he was sentenced. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9278/eng@2026-06-18 1
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5. This brings the period that the Applicant spent in custody to 3 years, 7 months and 3 days. I therefore allow the Applicant’s Application and direct the period 3 years, 7 months and 3 days that the applicant spent in remand custody be factored into his sentence of 10 years’ imprisonment. 6. Right of Appeal 14 days READ DATED AND SIGNED AT BUNGOMA ON 18TH JUNE 2026. E. OMINDE JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9278/eng@2026-06-18 2
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