https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9493
The High Court found that the sentencing court had already considered the pre-conviction custody period in the sentencing notes and that there was no reason to interfere with the seven-year sentence; the application for review was therefore without merit.
Source-derived case information.
- Citation
- [2026] KEHC 9493 (KLR)
- Parties
- Applicant: Erick Omieno Ong’Ombe; Respondent: Republic Of Kenya
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E092 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Application for Review of Sentence
- Outcome
- Application dismissed.
- Judges
- ["SM Mohochi"]
- Legal Topics
- Remand Period Credit, Review of Sentence, Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Erick Omieno Ong’Ombe
Applicant
Republic Of Kenya
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Review of Sentence
Legal Issues
- 1 Whether the court should review the seven-year sentence to account for two years four months spent in remand before conviction.
- 2 Whether there was any basis to disturb the sentence previously imposed.
Ratio Decidendi
The High Court found that the sentencing court had already considered the pre-conviction custody period in the sentencing notes and that there was no reason to interfere with the seven-year sentence; the application for review was therefore without merit.
Court Disposition
Application dismissed.
Orders
- The application dated 06/05/2024 is dismissed.
- The seven-year imprisonment sentence remains undisturbed.
Full Case Text
Judgment text and source record
1 paragraphs
Ong’ombe v Republic (Criminal Revision E092 of 2024) [2026] KEHC 9493 (KLR) (2 July 2026) (Ruling) Neutral citation: [2026] KEHC 9493 (KLR) Republic of Kenya In the High Court at Busia Criminal Revision E092 of 2024 SM Mohochi, J July 2, 2026 Between Erick Omieno Ong’Ombe Applicant and Republic Of Kenya Respondent Ruling 1.I have considered the Application dated 06/05/2024 where the Applicant sought review of sentence to factor in a period of two years four months (remand period) before conviction. 2.This Court has reviewed the sentencing notes dated 24/07/2023 where the learned Magistrate considers the time the accused has been in custody before imposing the seven-year imprisonment. 3.This Court was conscious when it imposed the sentence. I find no reason to disturb this sentence. 4.The Application dated 06/05/2024 is without merit and the same is dismissed. SIGNED, DATED AND DELIVERED AT BUSIA ON THIS 2ND DAY OF JULY, 2026MOHOCHI S. M.PRESIDING JUDGE