https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8048
Because the applicant remained in custody from arrest to conviction and the trial court failed to account for that custody period at sentencing, the sentence was reviewable to bring it into compliance with section 333(2) of the Criminal Procedure Code.
Source-derived case information.
- Citation
- [2026] KEHC 8048 (KLR)
- Parties
- Applicant: Brian Odhiambo; Respondent: ODPP
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application E012 of 2026
- Procedural Posture
- Criminal Miscellaneous Application / Ruling on Review of Sentence
- Outcome
- Application allowed in part; sentence reviewed only as to commencement date.
- Judges
- ["JM Omido"]
- Legal Topics
- Review of Sentence, Section 333(2) Criminal Procedure Code, Pre Sentence Custody Deduction, Committal Order Amendment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Brian Odhiambo
Applicant
ODPP
Respondent
Procedural Posture
Criminal Miscellaneous Application / Ruling on Review of Sentence
Legal Issues
- 1 Whether the trial court failed to account for the period the applicant spent in custody before sentencing.
- 2 Whether the sentence should be reviewed to comply with section 333(2) of the Criminal Procedure Code.
Ratio Decidendi
Because the applicant remained in custody from arrest to conviction and the trial court failed to account for that custody period at sentencing, the sentence was reviewable to bring it into compliance with section 333(2) of the Criminal Procedure Code.
Court Disposition
Application allowed in part; sentence reviewed only as to commencement date.
Orders
- The sentence commencement date is substituted from 8/9/25 to 3/2/25.
- The committal order shall be amended accordingly.
Full Case Text
Judgment text and source record
1 paragraphs
Odhiambo v ODPP (Criminal Miscellaneous Application E012 of 2026) [2026] KEHC 8048 (KLR) (8 June 2026) (Ruling) Neutral citation: [2026] KEHC 8048 (KLR) Republic of Kenya In the High Court at Kisumu Criminal Miscellaneous Application E012 of 2026 JM Omido, J June 8, 2026 Between Brian Odhiambo Applicant and Odpp Respondent Ruling 1.The Applicant was arrested and arraigned in court on 3/2/25. His trial proceeded and he was convicted and sentenced to 10 years imprisonment on 8/9/25. 2.During the subsistence of his trial, the Applicant remained in custody as he was never released on bond. 3.When sentencing him, the trial court did not take into account the period that he had remained in custody as is required under Section 333 (2) of the Criminal Procedure Code. 4.Consequently, the Applicant’s application for review of his sentence is merited. 5.Accordingly, I proceed to review the sentence only to the extent that the commencement date shall be substituted and shall read 3/2/25 instead of 8/9/25. 6.The committal order shall be accordingly amended. 7.This file is hereby closed. DELIVERED, SIGNED AND DATED AT KISUMU THIS 8TH DAY OF JUNE, 2026.JOE M. OMIDOJUDGEApplicant: Present, Virtually.For The Respondent: Ms. Muema, Prosecution Counsel.Court Assistants: Mr. Ngoge & Mr. Juma.