REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA MISC. CRIMINAL APPLICATION NO. E122 OF 2025 MANGALE NYAWA MRINZI….…….……………………..…………………..………… APPLICANT VERSUS REPUBLIC…………………………………………………………..……………….… RESPONDENT RULING 1. The Applicant was charged and convicted with the offence of murder contrary to Section 203 and 204 of the Penal Code. He was sentenced to serve a custodial sentence of fifteen (15) years to run from 30 January 2025. He has now moved this court through an undated application seeking revision of the sentence on account of Section 333(2) of the Criminal Procedure Code. 2. Section 333(2) of the Criminal Procedure Code obliges a trial court to take into account the period a person convicted of a crime has spent in custody in passing a sentence. It is noted from the trial record that the High Court in its ruling on sentence considered that the accused had been out on bond and hence the sentence would run from the date of judgment being 30 January 2025. Therefore, there was no pre-sentence custody period to be taken into account in this case 3. The application lacks merit and is hereby dismissed. RULING DATED AND DELIVERED VIRTUALLY THIS 2ND DAY OF JULY 2026 ________________ NABIL M. ORINA JUDGE IN THE PRESENCE OF: THE APPLICANT HAMZA – COURT ASSISTANT Page 1 of 1
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