John Mulingwa Mairi v Office of The Director of Public Prosecutions

Mairi v Ofice of the Director of Public Prosecutions (Criminal Revision E045 of 2025) [2026] KEHC 12429 (KLR) (28 July 2026) (Ruling) Neutral citation: [2026] KEHC 12429 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT GARSEN CRIMINAL REVISION E045 OF 2025 JN NJAGI, J JULY 28, 2026 BETWEEN JOHN MULINGWA MAIRI .................................................................... APPLICANT AND OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTIONS ...... RESPONDENT RULING 1. The Applicant herein has filled an undated application seeking that this court do grant him a relief of a period of 2 months that he stayed in custody before he was sentenced to 10 years imprisonment for the ofience of defilement Contrary to Section 8(1) as read with Section 8(3) of the Sexual Offences Act. 2. The grounds in support of the application are that the applicant was arrested on 22/11/2019 for the ofience of defilement Contrary to Section 8(1) 8(3) of the Sexual Offences Act. That he was sentenced on 12/11/2020 that he was in custody awaiting trial. 3. I have perused the record of the trial court. The same indicates that the applicant was arrested on 22/11/2019 and was sentenced on 12/11/2020. He was therefore in the custody remand nearly a year before he was sentenced. 4. Section 333(2) of the Criminal Procedure Code requires a court when sentencing an accused person who has been in custody during the trial to take into account such period spent in awaiting trial. The record of the trial court does not indicate whether the trial court considered the period spent in custody when it sentenced the applicant. The provisions of Section 333(2) are mandatory and therefore the period spent in custody must be credited. The trial court was in error not to take into account the time spent in custody. 5. 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 22/11/2019. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12429/eng@2026-07-28 1

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