https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12262
The court could not determine the section 333(2) application because the lower court file had not been availed to confirm the applicant’s remand period; the matter was therefore referred for production of the file before ruling.
Source-derived case information.
- Citation
- [2026] KEHC 12262 (KLR)
- Parties
- Applicant: Philip Kimtai Bokose; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E056 of 2025
- Procedural Posture
- Miscellaneous Criminal Application / Directions
- Outcome
- Directions issued; ruling deferred pending production of the lower court file.
- Judges
- ["E Ominde"]
- Legal Topics
- Remand Period Crediting, Section 333(2) Criminal Procedure Code, Lower Court File Production
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Philip Kimtai Bokose
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Directions
Legal Issues
- 1 Whether the lower court file must be availed before the court can determine credit for time spent in remand under section 333(2) of the Criminal Procedure Code.
Ratio Decidendi
The court could not determine the section 333(2) application because the lower court file had not been availed to confirm the applicant’s remand period; the matter was therefore referred for production of the file before ruling.
Court Disposition
Directions issued; ruling deferred pending production of the lower court file.
Orders
- The matter is referred to the Deputy Registrar to have the lower court file availed.
- Mention on 8th September, 2026 before the Deputy Registrar.
Full Case Text
Judgment text and source record
1 paragraphs
Bokose v Republic (Miscellaneous Criminal Application E056 of 2025) [2026] KEHC 12262 (KLR) (30 July 2026) (Directions) Neutral citation: [2026] KEHC 12262 (KLR) Republic of Kenya In the High Court at Bungoma Miscellaneous Criminal Application E056 of 2025 E Ominde, J July 30, 2026 Between Philip Kimtai Bokose Applicant and Republic Respondent Directions 1.The Lower Court file has not been availed to enable the court confirm the period that the applicant spent in remand so that it may deliver the ruling on the application brought under Section 333(2) of the Criminal Procedure Code. 2.The file is therefore referred to the Deputy Registrar to have the Lower Court file availed. 3.Mention on 8th September, 2026 before the Deputy Registrar . READ DATED AND SIGNED AT BUNGOMA ON 30TH JULY 2026.E. OMINDEJUDGE