David Barasa Alias Bingwa v Republic

Barasa alias Bingwa v Republic (Criminal Application E015 of 2026) [2026] KEHC 11428 (KLR) (23 July 2026) (Ruling) Neutral citation: [2026] KEHC 11428 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT BUNGOMA CRIMINAL APPLICATION E015 OF 2026 E OMINDE, J JULY 23, 2026 BETWEEN DAVID BARASA ALIAS BINGWA ........................................................ 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 Attempted Defilement Contrary to Section 9(1)(2) Act No. 3 of 2006, convicted and sentenced to 10 years’ imprisonment in Kimilili S.O Criminal Case No. 118 of 2019. 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 28th October 2019 and remanded in custody until 3rd February 2021 when he was sentenced. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11428/eng@2026-07-23 1

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