Eymoi v Republic (Miscellaneous Criminal Application E007 of 2025) [2026] KEHC 4487 (KLR) (8 April 2026) (Ruling)

Eymoi v Republic (Miscellaneous Criminal Application E007 of 2025) [2026] KEHC 4487 (KLR) (8 April 2026) (Ruling)

The High Court is functus officio after pronouncing sentence and cannot alter it except to account for time spent in custody as required by section 333(2) of the Criminal Procedure Code. The application for a non-custodial sentence is dismissed, but the period of 6 months and 17 days spent in custody shall be considered in computing the sentence.

Citation
[2026] KEHC 4487 (KLR)
Parties
Applicant: Jamila Maalim Hussein Eymoi; Respondent: Republic
Court
High Court
Jurisdiction
Kenya
Judgment Date
8 April 2026
Case Number
Miscellaneous Criminal Application E007 of 2025
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Non Custodial Sentence and Consideration of Time Served
Outcome
application partially succeeds and partially fails
Legal Topics
Firearms Offences, Non Custodial Sentences, Functus Officio, Remission of Sentence, Consideration of Time Served
Source Language
English
Criminal Law Sentencing Firearms Offences Non Custodial Sentences Functus Officio Remission of Sentence Consideration of Time Served

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Parties

Jamila Maalim Hussein Eymoi

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Application for Non Custodial Sentence and Consideration of Time Served

Legal Issues

  1. 1 Whether the applicant should serve the remainder of her sentence on probation
  2. 2 Whether the court had considered the period spent in remand custody before sentence

Ratio Decidendi

The High Court is functus officio after pronouncing sentence and cannot alter it except to account for time spent in custody as required by section 333(2) of the Criminal Procedure Code. The application for a non-custodial sentence is dismissed, but the period of 6 months and 17 days spent in custody shall be considered in computing the sentence.

Court Disposition

application partially succeeds and partially fails

Orders

  • Application for non-custodial sentence dismissed for want of merit
  • 6 months and 17 days spent in custody to be taken into account when computing sentence