https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12222

https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12222

The lower court file had not been availed, so the court could not confirm the applicant’s remand period and therefore could not determine the Section 333(2) application at that stage.

Source-derived case information.

Citation
[2026] KEHC 12222 (KLR)
Parties
Applicant: ISMAEL KHAUKHA; Respondent: REPUBLIC
Court
High Court
Jurisdiction
Kenya
Case Number
Criminal Application E087 of 2026
Procedural Posture
Criminal Application / Directions
Outcome
Directions issued; matter not determined on merits.
Judges
["E Ominde"]
Legal Topics
Section 333(2) Criminal Procedure Code, Remand Period Calculation, Sentencing Credit for Pre Trial Custody
Source Language
en
Criminal Law Criminal Procedure Section 333(2) Criminal Procedure Code Remand Period Calculation Sentencing Credit for Pre Trial Custody

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Parties

ISMAEL KHAUKHA

Applicant

REPUBLIC

Respondent

Procedural Posture

Criminal Application / Directions

Legal Issues

  1. 1 Whether the lower court file was necessary to determine the applicant’s remand period for purposes of Section 333(2) of the Criminal Procedure Code.
  2. 2 Whether the court could rule on the application without the lower court record.

Ratio Decidendi

The lower court file had not been availed, so the court could not confirm the applicant’s remand period and therefore could not determine the Section 333(2) application at that stage.

Court Disposition

Directions issued; matter not determined on merits.

Orders

  • Lower Court file to be availed.
  • Matter to be mentioned before the Deputy Registrar on 8th September 2026 for compliance.