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Original judgment

MOHAMED SWALEH SALIM v OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTIONS

Salim v Ofice of the Director of Public Prosecutions (Criminal Revision E050 of 2026) [2026] KEHC 12317 (KLR) (28 July 2026) (Ruling) Neutral citation: [2026] KEHC 12317 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT GARSEN CRIMINAL REVISION E050 OF 2026 JN NJAGI, J JULY 28, 2026 BETWEEN MOHAMED SWALEH SALIM ................................................................ APPLICANT AND OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTIONS ...... RESPONDENT RULING 1. The Applicant has filled an undated application seeking for review of the sentence of 15 years imprisonment imposed on him for the ofience of defilement contrary to Section 8 (1) (2) of the Sexual Offences Act 2006 on the ground that the trial court did not credit him with the time spent in custody when sentencing him contrary to the provisions of Section 333(2) of the Criminal Procedure Code. He now seeks that he be credited with time spent in custody from the date of arrest to the date of sentence. 2. I have perused the record of the trial court in Lamu Criminal Case No.E007 of 2021. The record indicates that the applicant was arrested on 18/8/2021 and was released on bond on 5th October 2021. He was thereby in custody for a period of 48 days before he was released on bond. The record shows that judgment was delivered on 7/1/2022 when he was found guilty and remanded pending sentence. He was sentenced on 11/1/2022. He was therefore in custody for 4 more days before he was sentence. That makes the total time spent in custody as 52 days. 3. Section 333 (2) of the Criminal Procedure Code requires a court sentencing an accused person who has been in custody to take into account the period spent in custody. The judgment of the trial court does not indicate whether the court considered the time spent in custody when it sentenced the applicant to 15 years imprisonment. It is to be noted that the provisions of Section 333(2) of the Criminal Procedure Code are couched in mandatory terms. The trial court therefore erred in not taking into account the time spent in custody when sentencing the applicant. I find the application to be merited. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12317/eng@2026-07-28 1

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4. In view of the foregoing I order that the period of 52 days that the applicant spent in custody during the trial be discounted from his imprisonment of 15 years. Orders accordingly. RULING DELIVERED, DATED AND SIGNED AT GARSEN THIS 28TH JULY 2026. J.N.NJAGI JUDGE In the presence of: Ms. Mkongo for Respondent Applicant - present virtually Court Assistant - Jumaa https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12317/eng@2026-07-28 2

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