REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT GARSEN HIGH COURT CRIMINAL REVISION CASE NO.E128 OF 2025 HASSAN YUSSUF SHURE……………………….………. APPLICANT VERSUS ODPP………..……………………..…………..……. …….RESPONDENT RULING 1. The Applicant has filled an undated application seeking for this court to consider the time spent in custody in his sentence of 4 years for the offence of arson. 2. The application is based on the ground that he was arrested on 4/7/2025 and sentenced on 16/10/2025. He asked the court to discount the period of 3 months from his sentence of 4 years. 3. I have perused the lower court’s file in Mpeketoni Principal Magistrates court Criminal Case No.E103 of 2025. The court record indicates that the applicant was arrested on 4/7/2025 and sentenced on 6th October 2025. He was thereby in remand for a period of 3 months and 2 days before he was sentenced. He was in remand custody during the trial. Section 333 (2) of the Criminal Procedure Code requires a court sentencing an accused person who HCCR.REV.CASE.NO.E128/2025 RULING 1|Page
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has been in custody to take into account the time spent in custody. The judgment of the trial court does not indicate whether the trial court took into account the time spent in custody when it sentenced the applicant. The provisions of Section 333(2) are mandatory. I find the trial court to have been in error not to comply with the provisions of the said Section. This court is obligated to correct the error. The applications thereby merited. 4. In view of the foregoing, I order that the sentence imposed on the applicant do commence from the date of his arrest, i.e 4th January 2025. Orders accordingly Ruling delivered, dated and signed at GARSEN this 28 th July 2026. J.N.NJAGI JUDGE In the presence of: Mr.Oluoch for Respondent Applicant – present in Hindi G.K Prison Court Assistant – Ms.Rahma HCCR.REV.CASE.NO.E128/2025 RULING 2|Page
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