1.The Applicant filed the undated Application on 15/1/2022 seeking to have the period he was remanded in custody deducted from the sentence meted against him.
2.The Applicant was sentenced to seven (7) years imprisonment for burglary and stealing contrary to section 304 as well as section 279 (b) of the penal code.
3.The Applicant was arraigned in court on 24/10/2018 and sentenced on 3/6/2019 after a period of eight months.
4.The period the Applicant was in custody ought to be deducted from the seven years imprisonment term meted against the Applicant.
6.The court of appeal in BETHWEL WILSON KIBOR V REPUBLIC  eKLR, stated as follows: - “By proviso to section 333(2) of Criminal Procedure Code where a person sentenced has been held in custody prior to such sentence, the sentence shall take account of the period spent in custody.”
7.In AHAMAD ABOLFATHI MOHAMMED & ANOTHER VS. REPUBLIC , the court of appeal expressed itself as follows: - ““Taking into account” the period spent in custody must mean considering that period so that the imposed sentence is reduced proportionately by the period already spent in custody. It is not enough for the court to merely state that it has taken into account the period already spent in custody and still order the sentence to run from the date of the conviction because that amounts to ignoring altogether the period already spent in custody. It must be remembered that the proviso to section 333(2) of the Criminal Procedure Code was introduced in 2007 to give the court power to include the period already spent in custody in the sentence that it metes out to the accused person.”
8.I allow the Application filed on 15/1/2022 and direct that sentence starts to run from 24/10/2018 and not 3/6/2019.