Odhiambo v Republic (Miscellaneous Criminal Application E017 of 2026) [2026] KEHC 5089 (KLR) (23 April 2026) (Ruling)

The sentence of 10 years imposed on the applicant shall be reduced by the 12 days he was in custody prior to release on bond, in accordance with section 333(2) of the Criminal Procedure Code.

Citation: [2026] KEHC 5089 (KLR)
Parties: Applicant: Martin Onyango Odhiambo; Respondent: Republic
Court: High Court
Jurisdiction: Kenya
Judgment Date: 23 April 2026
Case Number: Miscellaneous Criminal Application E017 of 2026
Procedural Posture: Criminal / Ruling on Sentence Computation
Outcome: sentence varied to deduct 12 days spent in custody; file closed
Legal Topics: Sentencing, Computation of Sentence, Pre Sentence Custody Period
Source Language: English

Criminal Law Sentencing Computation of Sentence Pre Sentence Custody Period

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Parties

Martin Onyango Odhiambo

Applicant

Republic

Respondent

Procedural Posture

Criminal / Ruling on Sentence Computation

Legal Issues

1 Whether the period spent in custody prior to release on bond should be deducted from the sentence under section 333(2) of the Criminal Procedure Code

Ratio Decidendi

The sentence of 10 years imposed on the applicant shall be reduced by the 12 days he was in custody prior to release on bond, in accordance with section 333(2) of the Criminal Procedure Code.

Court Disposition

sentence varied to deduct 12 days spent in custody; file closed

Orders

The sentence of 10 years will be less the 12 days the applicant was in custody.
File closed.