https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8139
The court found that the trial court failed to consider the applicant's remand period when sentencing, contrary to section 333(2) of the Criminal Procedure Code, and therefore reviewed the sentence by backdating its commencement to 26/10/2020.
Source-derived case information.
- Citation
- [2026] KEHC 8139 (KLR)
- Parties
- Applicant: Lucas Odhiambo Okeyo; Respondent: ODPP
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application E009 of 2026
- Procedural Posture
- Criminal Miscellaneous Application / Ruling on Application for Review of Sentence
- Outcome
- Application allowed; sentence reviewed.
- Judges
- ["JM Omido"]
- Legal Topics
- Section 333(2) Criminal Procedure Code, Pre Sentence Remand Period, Review of Sentence Commencement Date, Amendment of Committal Warrant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lucas Odhiambo Okeyo
Applicant
ODPP
Respondent
Procedural Posture
Criminal Miscellaneous Application / Ruling on Application for Review of Sentence
Legal Issues
- 1 Whether the trial court failed to account for the period the applicant spent in remand before sentencing.
- 2 Whether the sentence should be reviewed to reflect the correct commencement date under section 333(2) of the Criminal Procedure Code.
Ratio Decidendi
The court found that the trial court failed to consider the applicant's remand period when sentencing, contrary to section 333(2) of the Criminal Procedure Code, and therefore reviewed the sentence by backdating its commencement to 26/10/2020.
Court Disposition
Application allowed; sentence reviewed.
Orders
- The sentence commencement date is substituted to read 26/10/2020 instead of 20/9/2022.
- The committal warrant is to be amended.
Full Case Text
Judgment text and source record
1 paragraphs
Okeyo v ODPP (Criminal Miscellaneous Application E009 of 2026) [2026] KEHC 8139 (KLR) (8 June 2026) (Ruling) Neutral citation: [2026] KEHC 8139 (KLR) Republic of Kenya In the High Court at Kisumu Criminal Miscellaneous Application E009 of 2026 JM Omido, J June 8, 2026 Between Lucas Odhiambo Okeyo Applicant and Odpp Respondent Ruling 1.The Applicant was arrested and arraigned before the trial court on 26/10/20. After his trial, he was convicted and sentenced on 20/9/22. 2.He was not released on bond during the subsistence of his trial. 3.When sentencing the Applicant, the trial court did not take into consideration the period that he remained remanded as is required under Section 333 (2) of the Criminal Procedure Code. 4.In the result, his application for review of his sentence is merited. 5.Accordingly, I proceed to review his sentence only to the extent that the date of commencement thereof shall be substituted to read 26/10/2020 instead of 20/9/22. 6.The committal warrant shall accordingly be amended. 7.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.