Jonathan Musembi Mutua v Republic

Mutua v Republic (Criminal Miscellaneous Application E009 of 2026) [2026] KEHC 11801 (KLR) (30 July 2026) (Ruling) Neutral citation: [2026] KEHC 11801 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MACHAKOS CRIMINAL MISCELLANEOUS APPLICATION E009 OF 2026 NIO ADAGI, J JULY 30, 2026 BETWEEN JONATHAN MUSEMBI MUTUA .......................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. By a Notice of Motion application 19th February 2026 brought under Articles 165 (3)(a) of the Constitution 2010 and 333(2) of the Criminal Procedure Code. The application seeks that this court be pleased to does factor time the Applicant spent in custody pending the trial. 2. It is supported by the supporting affidavit of the Applicant sworn on the even date. 3. The Prosecution Counsel, Ms. Agatha Abang invited the court to peruse the lower court file and the appeal judgements in determining the application. 4. Having considered the application dated 19/2/2026 and upon perusal of the lower court and the appeal files judgements, I note that the time the Applicant spent in custody during trial was not taken into account in both matters. The record show the Applicant was arrested on 5/1/2019 and convicted on 21/11/2023. He was admitted to bond on 25/6/2019 and he absconded on 9/8/2021. He was later re-arrested on 3/4/2023 and his bond cancelled. He thereafter remained in custody pending his conviction. So the time the Applicant was in custody is from date of arrested on 5/1/2019 to 25/6/2019 when he was admitted to bond (5 moths and 20 days). Then from the day he was re-arrested on 3/4/2023 to the day of conviction on 21/11/2023 (8 months and 18 days). Well calculated, the Applicant was in custody for 14 months and 8 days pending trial. 5. Accordingly, this period of fourteen (14) months and eight (8) days should be reduced from the Applicant’s custodial sentence herein. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11801/eng@2026-07-30 1

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