REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT BUNGOMA CRIMINAL APPLICATION NUMBER E041 OF 2026 CHRISPINUS WANJALA KAITA …………………………..... APPLICANT VERSUS 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 offences of Robbery with Violence Contrary to Section 296(2) of the Penal Code convicted and sentenced to 20 years’ imprisonment in Bungoma Criminal Case No. 2336 of 2011. 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 20 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. 1|Page BUNGOMA HCCRMISC. NUMBER E041 OF 2026
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4. I have perused the record of the proceedings of sentencing. It shows that the remand period was not factored into the sentence of 20 years’ imprisonment that the trial court imposed. The record shows that the Applicant was charged on 21st November 2021. He was released on bond on 28 th November 2011. His bond was cancelled on the 20th June 2017 after judgment was delivered and remanded in custody until 30th July 2019 when he was sentenced. 5. This brings the period that the Applicant spent in custody to 1 Month and 17 days. I therefore allow the Applicant’s Application and direct the period of 1 Month and 17 days that the applicant spent in remand custody be factored into his sentence of 20 years’ imprisonment. 6. Right of Appeal 14 days Read dated and Signed at BUNGOMA on 30th July 2026. E. OMINDE JUDGE 2|Page BUNGOMA HCCRMISC. NUMBER E041 OF 2026
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