Wafula v Republic (Criminal Application E018 of 2026) [2026] KEHC 10607 (KLR) (16 July 2026) (Ruling) Neutral citation: [2026] KEHC 10607 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT BUNGOMA CRIMINAL APPLICATION E018 OF 2026 E OMINDE, J JULY 16, 2026 BETWEEN GEOFREY SIMIYU WAFULA ................................................................. APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The Applicant herein moved this Court by way of Notice of Motion dated 5th February 2026 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 Attempted Defilement Contrary to Section 9(1)(2) of the Sexual Offences Act No. 3 of 2006, convicted and sentenced to 12 years’ imprisonment in Sexual Ofience Criminal Case No. 48 of 2020. 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 his oral representations stated that he has no objection to the period that the Applicant spent in remand be factored into the Applicant’s 12 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 12 years’ imprisonment that the trial court imposed. The record shows that the Applicant was charged on 28th May 2020 and remanded in custody until 18th November 2021 when he was sentenced. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10607/eng@2026-07-16 1
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5. This brings the period that the Applicant spent in custody to 1 Year, 5months and 21 days. I therefore allow the Applicant’s Application and direct the period of 1 Year, 5 Months and 21 days that the applicant spent in remand custody be factored into his sentence of 12 years’ imprisonment. 6. Right of Appeal 14 days. READ DATED AND SIGNED AT BUNGOMA ON 16TH JULY 2026. E. OMINDE JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10607/eng@2026-07-16 2
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