REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT BUNGOMA CRIMINAL APPLICATION NUMBER E022 OF 2026 ALEX SIMIYU WANJALA ALIAS RASHID ………………..... 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 Attempted Murder Contrary to Section 220(a) of the Penal Code convicted and sentenced to 5 years’ imprisonment in Bungoma Criminal Case No. E564 of 2024. 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 5 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 HCCRREV. NUMBER E022 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 5 years’ imprisonment that the trial court imposed. The record shows that the Applicant was charged on 20th March 2024 and remanded in custody until 5th September 2024 when he was sentenced. 5. This brings the period that the Applicant spent in custody to 5 Months and 16 days. I therefore allow the Applicant’s Application and direct the period of 5 Months and 16 days that the applicant spent in remand custody be factored into his sentence of 5 years’ imprisonment. 6. Right of Appeal 14 days Read dated and Signed at BUNGOMA on 30th July 2026. E. OMINDE JUDGE 2|Page BUNGOMA HCCRREV. NUMBER E022 OF 2026
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