REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU CRIMINAL MISC. No. E104 OF 2025 WILSON NJUGUNA ..……………….………..…………..…. APPLLICANT -VERSUSREPUBLIC…………………………………………...…....… RESPONDENT RULING ON SENTENCE REVIEW 1. Wilson Njuguna, the applicant herein was tried and convicted for the offence of defilement contrary to section 8(1) as read with Section 8(3) of the Sexual Offences Act No. 3 of 2006 vide Nakuru Chief Magistrate Criminal Sexual Offence No. 39 of 2019. 2. The Applicant was subsequently sentenced to serve 10 years imprisonment. The applicant is now before the court seeking to have the period he was in remand pending trial to be taken into account. 3. Under section 333 of the Criminal Procedure Code, the sentencing court is bound to take into account the period an accused person spent in remand awaiting the sentencing. 1
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4. In this case the applicant was arrested on 11th March, 2019 and was remanded throughout his trial. The record shows that he was arrested on 11 th March, 2019 and was sentenced to serve 10 years imprisonment on 28th October, 2020. 5. He was in lawful remand custody for a period of 1 year, 6 months. The record shows that the trial Magistrate did not factor in the period spent in remand while pronouncing the sentence. 6. This court hereby grants the applicant the request by factoring in the period spent in custody of 1 year 6 months. 7. Therefore, the period of 1 year 6 months should be deducted from the 10 years meted out by the trial court. 8. Consequently, the applicant namely Wilson Njuguna should serve 8 years 6 moths from the date of sentence ie from 28th October, 2020. Dated, signed and delivered this 29th day of July, 2026 at Nakuru. J. K. SERGON JUDGE In presence of: Jamleck/Ruto C/A Anyumba for the Respondent Wilson Njuguna: Present in person 2
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