Faris Wakhungu Masinde v Republic

Masinde v Republic (Criminal Revision E002 of 2026) [2026] KEHC 11384 (KLR) (23 July 2026) (Ruling) Neutral citation: [2026] KEHC 11384 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT BUNGOMA CRIMINAL REVISION E002 OF 2026 E OMINDE, J JULY 23, 2026 BETWEEN FARIS WAKHUNGU MASINDE ........................................................... 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 Manslaughter Contrary to Section 202 as read with Section 205 of the Penal Code, convicted and sentenced to 10 years’ imprisonment in High Court Criminal Case No. 29 of 2018. 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 10 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 10 years’ imprisonment that the trial court imposed. The record shows that the Applicant was charged on 26th September 2018 and remanded in custody until 27th August 2020 when he was sentenced. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11384/eng@2026-07-23 1

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