Odhiambo v Republic (Miscellaneous Criminal Application E012 of 2026) [2026] KEHC 5111 (KLR) (23 April 2026) (Ruling)

The application for review is unwarranted as the applicant has a pending appeal where the issue of section 333(2) should be argued.

Source-derived case information.

Citation: [2026] KEHC 5111 (KLR)
Parties: Applicant: Brian Odhiambo; Respondent: Republic
Court: High Court
Jurisdiction: Kenya
Judgment Date: 23 April 2026
Case Number: Miscellaneous Criminal Application E012 of 2026
Procedural Posture: Criminal Application / Ruling on Application for Review
Outcome: Application struck out
Legal Topics: Review of Sentence, Section 333(2) Criminal Procedure Code, Pending Appeal
Source Language: english

Criminal Law Review of Sentence Section 333(2) Criminal Procedure Code Pending Appeal

Source-derived case record

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Parties

Brian Odhiambo

Applicant

Republic

Respondent

Procedural Posture

Criminal Application / Ruling on Application for Review

Legal Issues

1 Whether the application for review is warranted in light of a pending appeal
2 Whether section 333(2) Criminal Procedure Code should be considered at this stage

Ratio Decidendi

The application for review is unwarranted as the applicant has a pending appeal where the issue of section 333(2) should be argued.

Court Disposition

Application struck out

Orders

Review application is struck out
File is closed

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