REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT GARSEN HIGH COURT CRIMINAL REVISION CASE NO.E011 OF 2026 ABUBAKAR RAGA……….…….………………….………. APPLICANT VERSUS ODPP………..……………………..…………..……. …….RESPONDENT RULING 1. The Applicant has filled an undated application seeking for the time spent in custody be considered in his 10 years imprisonment for its offence of committing an indecent act with a child Contrary to Section 11 (2) of the Sexual Offences Act. 2. The application is based on the ground that the applicant was arrested on 15th October 2021 and sentenced on 27th October 2021. That he was in custody during the trial. 3. I have perused the record of the trial court in Lamu Principal Magistrates’ court No.E205/2022 and noted that the Applicant was arrested on 21/8/2022 and sentenced on 23/1/2023. He was in custody during the trial. The judgment of the trial court did not indicate whether it had considered the time spent in custody. It is to be noted that the provisions of the referred to section are mandatory. HCCR.REV.NO.E011/2026 RULING 1|Page
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The trial court was in error in failing to comply with the section. 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, on 21st August ,2022. 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 G.K.Prison Malindi Court Assistant – Rahma HCCR.REV.NO.E011/2026 RULING 2|Page
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