REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT GARSEN HIGH COURT CRIMINAL PETITION NO.E010 OF 2026 ATHMAN OMAR SINAN….………………………..……. PETITIONER VERSUS REPUBLIC………………….…………………….. ……….RESPONDENT RULING 1. The petitioner herein has filled an undated application seeking for review of his 15 years sentence imposed on him on 28/10/2021 for the offence of defilement Contrary to Section 8(1) as read with 8(3) of the Sexual Offences Act. 2. The application is based on the grounds that he is fully reformed and rehabilitated. That he has maintained exemplary behavior in person during his incarceration. That he has undergone various rehabilitation programmes in prison. 3. The Applicant further seeks for the time spent in custody to be considered pursuant to the provisions of Section 333(2) of the Criminal Procedure Code. 4. I have considered the application. The applicant was convicted of an offence that carries a minimum sentence of 15 years. There is no legal ground to review HCCR.PET.NO.E010/2026 RULING 1|Page
page 1 of 3
a sentence which was on appeal confirmed by another judge of equal jurisdiction as that of this court. 5. I have however perused the lower court’s file and noted that the applicant was in custody throughout the trial. He was arrested on 16/1/2021 and arraigned in court on 18/1/2021. He was sentenced on 28/10/2021. He was therefore in custody for 9 months and 10 days before he was sentenced. Section 333(2) of the Criminal Procedure Code requires a court when sentencing an accused who has been in custody to take into account the period spent in custody. The section is couched in mandatory terms. The trial court did not indicate whether it had taken that period into account when it sentenced the applicant to the minimum sentence of 15 years. 6. In the premises, the period spent in custody should be discounted from the sentence of 15 years. Accordingly, I order that the sentence imposed on the applicant commences from the date of his arrest, i.e on 16/1/202. Ruling Delivered, dated and signed at GARSEN this 21 st day of July, 2026. J. N. NJAGI JUDGE In the presence of: Mr. Oluoch for Respondent HCCR.PET.NO.E010/2026 RULING 2|Page
page 2 of 3
Petitioner – Present virtually at GK Prison Malindi. Court Assistant - Jumaa HCCR.PET.NO.E010/2026 RULING 3|Page
page 3 of 3