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Court of AppealPartially AllowedCriminal Appeal E112 of 2026

Jumba v Republic

Court of Appeal
25 September 2026
JMJamila MohammedNNNduma NderiLNL.M. Ndolo
1,948 words in judgment
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The bottom line

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Kenya's Court of Appeal confirmed that time spent in remand before sentencing must be deducted from a prison sentence, cutting Jumba's 20-year term.

What this practically means

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Executive summary

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The appellant, Francis Misigu Jumba, was convicted by the Senior Resident Magistrate's Court at Kapsabet of defilement of a minor with mental disability contrary to section 7 of the Sexual Offences Act and sentenced to twenty years' imprisonment. His first appeal to the High Court at Eldoret (H.A. Omondi, J) against both conviction and sentence was dismissed, prompting this second appeal. Although the memorandum of appeal raised grounds concerning re-evaluation of evidence, identification and the appellant's defence, at the hearing on 15th June 2026 the appellant, who had filed no submissions, abandoned those grounds and pleaded only that the period he spent in custody before sentence be taken into account. The respondent did not oppose. Relying on section 333(2) of the Criminal Procedure Code and prior Court of Appeal authority including Omukhunya vs Republic and Ahamad Abolfathi Mohammed & Sayed Mansour vs Republic, together with the Judiciary Sentencing Policy Guidelines, the Court held that the proviso to section 333(2) obliges a sentencing court to reduce the imposed sentence proportionately by any period spent in custody before sentence; a mere statement that the period was considered, while ordering the sentence to run from conviction, is insufficient. The record showed the appellant was in remand custody from 11th April 2014 until sentence on 27th March 2015, and neither court below accounted for that period. The Court allowed the appeal only to that extent, directing that the pre-sentence custody period be discounted from the twenty-year term. The conviction and the substantive sentence were otherwise left undisturbed. No costs order was made.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the pre-sentence period spent in custody by the appellant should be taken into account in computing his 20-year sentence under section 333(2) of the Criminal Procedure Code

Key legal issues

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01

Credit for pre-sentence custody under section 333(2) of the Criminal Procedure Code

Holding

The trial court and first appellate court erred in failing to account for the period the appellant spent in remand custody between plea (11th April 2014) and sentence (27th March 2015); that period must be discounted from the 20-year term.

Reasoning

Section 333(2) of the Criminal Procedure Code, as amended in 2007, obligates courts to include pre-sentence custody in the sentence. Prior Court of Appeal decisions (Omukhunya; Ahamad Abolfathi Mohammed) and the Judiciary Sentencing Policy Guidelines affirm that the custody period must proportionately reduce the imposed sentence. The record showed the appellant was in remand from 11th April 2014 until sentence on 27th March 2015, and neither court below accounted for it.

Legal principles established

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  • Where an accused was held in custody prior to sentence, the sentence must take account of that period, reducing the imposed term proportionately.
  • It is insufficient for a court to merely state it has considered pre-sentence custody while ordering the sentence to run from the date of conviction.

Court orders

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  1. 1.That the period between 11th April 2014 and 27th March 2025 be discounted from the 20 years' prison term imposed on the appellant
  2. 2.The appeal succeeds to this extent only

The bench

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One judgment of the whole court — no separate or dissenting opinions.

JM
majority
NN
majority
LN
majority
On appeal from
High Court at Eldoret
HCCRA No 47 of 2015
Jurisdiction invoked
Second appeal to the Court of Appeal under the Criminal Procedure Code (as a second appeal from High Court dismissal of a first appeal)

Relief refused

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Challenge to conviction and to the circumstances of identification

The appellant abandoned all grounds at the hearing, pleading only for credit for pre-sentence custody; conviction was not disturbed

Costs

No costs order made in the judgment.

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

We therefore direct that the period between 11th April 2014 and 27th March 2025, be discounted from the 20 years’ prison term imposed on the appellant. The appeal succeeds to this extent only.
p. 4Final orders - discount of pre-sentence custody from sentence
It is clear that the period during which an accused has been in custody before being sentenced must be taken into account in meting out the sentence.
p. 3Principle on pre-sentence custody (quoting Omukhunya vs Republic)
Neither the trial court nor the first appellate court took into account the pre-sentence period the appellant had spent in custody.
Finding of error by courts below

Issues in the judgment

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material

Date discrepancy in the final order

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Jumba v Republic", Case Analysis (2026). Criminal Appeal E112 of 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1842/eng@2026-09-25

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.