https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8086
The application succeeded because the trial court failed to consider the period the Applicant spent in custody before conviction and sentence, contrary to section 333(2) of the Criminal Procedure Code; the sentence commencement date had to be adjusted to reflect time already served in custody.
Source-derived case information.
- Citation
- [2026] KEHC 8086 (KLR)
- Parties
- Applicant: Josam Okonda Oyombe; Respondent: ODPP
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application E100 of 2025
- Procedural Posture
- Criminal Miscellaneous Application for Review of Sentence / Ruling on Application
- Outcome
- Application allowed in part
- Judges
- ["JM Omido"]
- Legal Topics
- Sentence Review, Section 333(2) Criminal Procedure Code, Credit for Time Spent in Custody, Committal Order Amendment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Josam Okonda Oyombe
Applicant
ODPP
Respondent
Procedural Posture
Criminal Miscellaneous Application for Review of Sentence / Ruling on Application
Legal Issues
- 1 Whether the Applicant’s sentence should be reviewed to account for time spent in custody before conviction and sentence.
- 2 Whether the trial court complied with section 333(2) of the Criminal Procedure Code when fixing the commencement date of sentence.
Ratio Decidendi
The application succeeded because the trial court failed to consider the period the Applicant spent in custody before conviction and sentence, contrary to section 333(2) of the Criminal Procedure Code; the sentence commencement date had to be adjusted to reflect time already served in custody.
Court Disposition
Application allowed in part
Orders
- The commencement date of the Applicant’s sentence is reviewed from 30/5/2019 to 16/6/2017.
- The committal order shall be amended accordingly.
Full Case Text
Judgment text and source record
1 paragraphs
Oyombe v ODPP (Criminal Miscellaneous Application E100 of 2025) [2026] KEHC 8086 (KLR) (8 June 2026) (Ruling) Neutral citation: [2026] KEHC 8086 (KLR) Republic of Kenya In the High Court at Kisumu Criminal Miscellaneous Application E100 of 2025 JM Omido, J June 8, 2026 Between Josam Okonda Oyombe Applicant and ODPP Respondent Ruling 1.I have considered the Applicant’s application for review of his sentence. 2.From the record of the trial court, which is before me, he was arrested and arraigned on 16/6/17. He was convicted and sentenced on 30/5/2019. During the period of his trial, he remained in custody a he was never released on bond. 3.When sentencing the Applicant, the trial court did not take into consideration the period during which he remained in custody as is required under Section 333 (2) of the Criminal Procedure Code. 4.The foregoing being the case, his application is merited. 5.In the result, I will allow it, only to the extent that I review the date of commencement of his sentence from 30/5/2019 to 16/6/2017. The committal order shall accordingly be amended. 6.This file is hereby closed. DELIVERED, SIGNED AND DATED AT KISUMU THIS 8TH DAY OF JUNE, 2026.JOE M. OMIDOJUDGEApplicant: Present, virtually.For the Respondent: Ms. Muema, Prosecution Counsel.Court Assistants: Mr. Ngoge & Mr. Juma.