Amos Odhiambo v Republic

Odhiambo v Republic (Criminal Miscellaneous Application E102 of 2025) [2025] KEHC 11135 (KLR) (28 July 2025) (Ruling) Neutral citation: [2025] KEHC 11135 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISUMU CRIMINAL MISCELLANEOUS APPLICATION E102 OF 2025 JM OMIDO, J JULY 28, 2025 BETWEEN AMOS ODHIAMBO ................................................................................. APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. I have considered the Applicant’s Notice of Motion dated 3rd July, 2025 that seeks for sentence review so that the period he spent in remand custody is taken into account. 2. From the record of the trial court, the Applicant was arraigned for plea on 4th November, 2024. He remained in remand custody until 15th April, 2025 when he was fined Kshs.10,000/= in default of which he was to serve 1 year imprisonment. 3. Under Section 333(2) of the Criminal Procedure Code, the period an accused person spends in remand custody ought to be taken into account while his sentence is imposed. It is clear from the record that the trial court did not comply with the said provision of statute, with the result that the application is merited. 4. In the result, I review the default sentence of imprisonment only to the extent that the same shall run from and/or take effect from 4th November, 2024. 5. This file is closed. DELIVERED, DATED AND SIGNED THIS 28TH DAY OF JULY, 2025. JOE M. OMIDO JUDGE Applicant:Present, virtually. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/11135/eng@2025-07-28 1

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