Omollo v Republic (Miscellaneous Criminal Application E019 of 2026) [2026] KEHC 5294 (KLR) (24 April 2026) (Ruling)

The High Court lacks jurisdiction to review its own decision after dismissing an appeal; the applicant must seek redress before the Court of Appeal for failure to consider section 333(2) of the Criminal Procedure Code.

Citation: [2026] KEHC 5294 (KLR)
Parties: Applicant: Erick Owuor Omollo; Respondent: Republic
Court: High Court
Jurisdiction: Kenya
Judgment Date: 24 April 2026
Case Number: Miscellaneous Criminal Application E019 of 2026
Procedural Posture: Miscellaneous Criminal Application / Ruling
Outcome: motion dismissed
Legal Topics: Sentence Review, Jurisdiction, Commencement of Sentence, Period Spent in Custody
Source Language: English

Criminal Law Sentence Review Jurisdiction Commencement of Sentence Period Spent in Custody

Case Brief

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Parties

Erick Owuor Omollo

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling

Legal Issues

1 Whether the High Court has jurisdiction to review its own decision after dismissal of appeal
2 Whether the sentence should commence from the date of arrest considering period spent in custody under section 333(2) of the Criminal Procedure Code

Ratio Decidendi

Court Disposition

motion dismissed

Orders

Applicant to appeal to the Court of Appeal against the decision that failed to consider section 333(2) of the Criminal Procedure Code.