Ndiwa v Republic (Criminal Application E032 of 2026) [2026] KEHC 12238 (KLR) (30 July 2026) (Ruling) Neutral citation: [2026] KEHC 12238 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT BUNGOMA CRIMINAL APPLICATION E032 OF 2026 E OMINDE, J JULY 30, 2026 BETWEEN METHUSELA KWEMOI NDIWA .......................................................... 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 ofiences of Threatening to Kill/Destroying Cultivated crops/Possession of Bhang/Attempted Arson/Creating disturbance/Assaulting a Police Officer, convicted and sentenced to 5 years’ imprisonment in Sirisia Criminal Cases No. E131 and E132 of 2025. 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. 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 11th March 2025 and remanded in custody until 16th September 2025 when he was sentenced. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12238/eng@2026-07-30 1
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5. This brings the period that the Applicant spent in custody to 6 Months and 5 days. I therefore allow the Applicant’s Application and direct the period of 6 Months and 5 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 https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12238/eng@2026-07-30 2
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