https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12043
The court found that the lower court did not factor in the period the applicant had been in custody from arraignment to sentence, contrary to section 333(2) of the Criminal Procedure Code, and therefore reviewed the sentence downward to account for that period.
Source-derived case information.
- Citation
- [2026] KEHC 12043 (KLR)
- Parties
- Applicant: HASSAN ONYONKA OMOI; Respondent: REPUBLIC
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E005 of 2026
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Sentence Review
- Outcome
- Application allowed; sentence reviewed.
- Judges
- ["PK Rotich"]
- Legal Topics
- Rape Conviction, Sentence Review, Credit for Time Spent in Custody, Section 333(2) of the Criminal Procedure Code
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
HASSAN ONYONKA OMOI
Applicant
REPUBLIC
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Sentence Review
Legal Issues
- 1 Whether the applicant was entitled to have time spent in custody deducted from the sentence under section 333(2) of the Criminal Procedure Code.
- 2 Whether the lower court sentence required review for failure to account for pre-sentence custody.
Ratio Decidendi
The court found that the lower court did not factor in the period the applicant had been in custody from arraignment to sentence, contrary to section 333(2) of the Criminal Procedure Code, and therefore reviewed the sentence downward to account for that period.
Court Disposition
Application allowed; sentence reviewed.
Orders
- The sentence imposed by the lower court is reduced by the period the applicant spent in custody during trial.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **HIGH COURT OF KENYA AT KISII** **MISC. CRIMINAL APPLICATION NO. E005 OF 2026** **HASSAN ONYONKA OMOI ................................................ APPLICANT** **VERSUS** **REPUBLIC ........................................................................... RESPONDENT** **RULING** 1. The applicant was convicted for the offence of rape by Hon. B. O. Omwanza (SPM) on 19/6/2025. He was subsequently sentenced to serve 10 years imprisonment on 26/6/2026 in Kisii CM Criminal case No. SO E034 of 2024. 2. It is, however, noted that the time accused spent in custody from the time he was arraigned in court on 14/4/2024 to 26/6/2025 was not factored in his sentence as provided under section 333(2) of the CPC. 3. The sentence meted on the accused by the lower court is reviewed to reduce the sentence with the time he has been in custody during his trial. Dated, signed and delivered at Kisii this 27th day of July2026. **Hon. P. K. Rotich** **JUDGE**