Njuguna v Republic (Criminal Revision E040 of 2025) [2026] KEHC 9867 (KLR) (25 February 2026) (Ruling) Neutral citation: [2026] KEHC 9867 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT GARSEN CRIMINAL REVISION E040 OF 2025 JN NJAGI, J FEBRUARY 25, 2026 BETWEEN VICTOR MACHARIA NJUGUNA ........................................................ APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The applicant has filed an undated application seeking that the period of two months that he stayed in custody awaiting trial be factored to the sentence of three years meted on him. The application is made pursuant to the provisions of Section 333(2) of the Criminal Procedure Code that requires a court when sentencing an accused person who has been in custody awaiting trial to take into account such period spent in remand awaiting trial. 2. This court called for lower court’s file. The record of the trial court indicates that the applicant was arrested on 1/9/2024 and arraigned in court on 2/9/2024. He was remanded in custody during trial and was sentenced on 19th November 2024. He was therefore in prison custody awaiting trial for a period of about 2 1/2 months. By virtue of the provisions of Section 333 (2) of the Criminal Procedure Code such period ought to have been factored in when sentencing the applicant. The trial court did not do so. The provisions of section 333(2) are mandatory. Failure comply in it provisions of the Section was an error by the trial court that this court is obligated to correct by way of review. 3. In view of the foregoing, I order that the sentence of 3 years meted on the applicant in Mpeketoni Principal Magistrate’s court criminal case no. E182 of 2024 commences from the date of his arrest i.e on 1st September 2024. DELIVERED, DATED AND SIGNED AT GARSEN THIS 25TH DAY OF FEBRUARY 2026. J. N. NJAGI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9867/eng@2026-02-25 1
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In the presence of: Ms Mkongo for Respondent Appellant – Present in person at G.K. Prison Hindi Court Assistant: Rahma https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9867/eng@2026-02-25 2
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