John Wafula Maskini Alias John Manyonge Kundu v Republic

Maskini alias John Manyonge Kundu v Republic (Criminal Application E053 of 2026) [2026] KEHC 10707 (KLR) (16 July 2026) (Ruling) Neutral citation: [2026] KEHC 10707 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT BUNGOMA CRIMINAL APPLICATION E053 OF 2026 E OMINDE, J JULY 16, 2026 BETWEEN JOHN WAFULA MASKINI ALIAS JOHN MANYONGE KUNDU ... 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 Stealing Stock/Handling Stolen Property Contrary to Section 278 of the Penal Code, convicted and sentenced to 4 years’ imprisonment in Criminal Case No. E541 of 2023. 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 4 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 4 years’ imprisonment that the trial court imposed. The record shows that the Applicant was charged on 20th November 2023 and remanded in custody until 20th June 2024 when he was sentenced. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10707/eng@2026-07-16 1

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