https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8756
The applicant had been granted bond, but there was no record that he was released from remand pending trial; therefore, the trial court was obliged under Section 333(2) of the Criminal Procedure Code to compute the 8-month sentence from the date of arrest and remand by discounting the pre-sentence custody period....
Source-derived case information.
- Citation
- [2026] KEHC 8756 (KLR)
- Parties
- Applicant: Charles Williams Ochieng; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E045 of 2026
- Procedural Posture
- Criminal Revision / Ruling on Revision
- Outcome
- Revision allowed.
- Judges
- ["AM Muteti"]
- Legal Topics
- Sentence Computation, Section 333(2) CPC, Custodial Remand Period, Revision Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Williams Ochieng
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Revision
Legal Issues
- 1 Whether the trial court failed to account for the period the applicant spent in custody before sentence.
- 2 Whether the High Court should revise the sentence under its revisionary powers.
Ratio Decidendi
The applicant had been granted bond, but there was no record that he was released from remand pending trial; therefore, the trial court was obliged under Section 333(2) of the Criminal Procedure Code to compute the 8-month sentence from the date of arrest and remand by discounting the pre-sentence custody period. The High Court accordingly allowed the revision and ordered sentence computation from the date of arrest and remand.
Court Disposition
Revision allowed.
Orders
- The sentence of 8 months imprisonment shall be computed from the date of arrest and remand.
Full Case Text
Judgment text and source record
1 paragraphs
Ochieng v Republic (Criminal Revision E045 of 2026) [2026] KEHC 8756 (KLR) (Crim) (19 June 2026) (Ruling) Neutral citation: [2026] KEHC 8756 (KLR) Republic of Kenya In the High Court at Nairobi (Milimani Law Courts) Criminal Criminal Revision E045 of 2026 AM Muteti, J June 19, 2026 Between Charles Williams Ochieng Applicant and Republic Respondent Ruling 1.Although the applicant had been granted a bond there is no record to show that he was released from a remand pending trial. The trial court was therefore under duty to discount the period spent in custody before sentence from his 8 (eight) months imprisonment in line with the provisions of Section 333(2) of the Criminal Procedure Code. 2.In exercise of the powers bestowed upon this court under Section 362 and 364 of the Criminal Procedure as read with Article 165 (6) of the Constitution this court allows the revision and orders that the sentence of 8 (eight) Months imprisonment shall be computed from the date of arrest and remand.It is so ordered. DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI THIS 19TH DAY OF JUNE, 2026.A. M. MUTETIJUDGEIn the presence of:Habiba: Court AssistantApplicant: presentMogere for Respondent