https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9484
The court found that the original sentencing court expressly directed that the sentence be deemed to have commenced on 05/07/2013 and was conscious of section 333 of the Criminal Procedure Code; therefore there was no basis to interfere with the sentence by granting the requested review.
Source-derived case information.
- Citation
- [2026] KEHC 9484 (KLR)
- Parties
- Applicant: Shem Vilory Ochieng; Respondent: Republic Of Kenya
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E042 of 2025
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Review of Sentence
- Outcome
- Application dismissed.
- Judges
- ["SM Mohochi"]
- Legal Topics
- Review of Sentence, Credit for Time Spent in Remand, Section 333 of the Criminal Procedure Code, Concurrent/commencement Date of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Shem Vilory Ochieng
Applicant
Republic Of Kenya
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Review of Sentence
Legal Issues
- 1 Whether the sentence should be reviewed to account for the period spent in remand pending trial.
- 2 Whether the sentencing court failed to apply section 333 of the Criminal Procedure Code.
Ratio Decidendi
The court found that the original sentencing court expressly directed that the sentence be deemed to have commenced on 05/07/2013 and was conscious of section 333 of the Criminal Procedure Code; therefore there was no basis to interfere with the sentence by granting the requested review.
Court Disposition
Application dismissed.
Orders
- The undated application for review of sentence is dismissed.
- The sentence remains to run from 05th July, 2013.
Full Case Text
Judgment text and source record
1 paragraphs
Ochieng v Republic (Miscellaneous Criminal Application E042 of 2025) [2026] KEHC 9484 (KLR) (2 July 2026) (Ruling) Neutral citation: [2026] KEHC 9484 (KLR) Republic of Kenya In the High Court at Busia Miscellaneous Criminal Application E042 of 2025 SM Mohochi, J July 2, 2026 Between Shem Vilory Ochieng Applicant and Republic Of Kenya Respondent Ruling 1.In consideration of the undated Application whereby the Applicant sought review of sentence to factor in the period he had served in remand awaiting trial. 2.The Applicant contends that the learned Magistrate failed to factor in a period of one (1) year five (5) months and nine (9) days. 3.I have reviewed the sentencing noted dated 02/12/2015 whereby the learned Magistrate explicitly notes that “The sentence to be deemed to have began on the 05/07/2013 when he was sentenced in earlier proceedings in CR. 2213/2015. 4.I find this Court to have been conscious of the provisions relating to Section 333 of the Criminal Procedure Code. 5.I am thus unable to interfere with the sentence imposed to run from 05th July, 2013. 6.I accordingly find the undated Application to be without merit, the same is dismissed. SIGNED, DATED AND DELIVERED AT BUSIA ON THIS 2ND DAY OF JULY, 2026MOHOCHI S. M.PRESIDING JUDGE