REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT GARSEN CRIMINAL REV. NO. E006 OF 2026 DAVID KIDADA YAKO……..…….……………………. APPLICANT VERSUS REPUBLIC…………………………………..….. ………..RESPONDENT RULING 1. The Applicant has filed an undated application seeking for orders for this court to consider the time spent in custody of three months in his sentence of 20 years. 2. The application is based on the grounds that the applicant was sentenced to serve 20 years imprisonment for an offence of defilement. That he was remanded in custody on 24/2/2017 and was sentenced on 5/10/2017. 3. The application is made pursuant to the provisions of Section 333(2) of the Criminal Procedure Code which requires a court when sentencing an accused person who has been in custody awaiting trial to take into account such period when passing sentence. 4. I have perused the record of the trial court. The same shows that the Applicant was arrested on 25/2/2017 and was sentenced on 5th October 2017. He was in custody during the trial. The trial court when passing the sentence Cr. Rev. No. E006 of 2026 Ruling Page | 1
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did not indicate whether it had taken into account the period spent in custody. 5. The provisions of Section 333(2) are mandatory. In the instant case the trial magistrate did not comply with the provisions of the section. I thereby find the application by the Applicant to be merited. 6. In view of the foregoing, I order that the period between 25th February 2017 and 5th October 2017 be computed from the 20 years sentence meted on the applicant. 7. Orders accordingly. Delivered, dated and signed at GARSEN this 10th day of July 2026. J. N. NJAGI JUDGE In the presence of: Mr. Oluoch for Respondent Applicant: Present virtually at G.K. Prison Malindi Court Assistant: Farhan Cr. Rev. No. E006 of 2026 Ruling Page | 2
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