Yonga alias Rali v Republic (Miscellaneous Criminal Application E045 of 2025) [2025] KEHC 19482 (KLR) (14 November 2025) (Ruling) Neutral citation: [2025] KEHC 19482 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT HOMA BAY MISCELLANEOUS CRIMINAL APPLICATION E045 OF 2025 PJO OTIENO, J NOVEMBER 14, 2025 BETWEEN PAUL ODHIAMBO YONGA ALIAS RALI ........................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The records at trial reveals that having been arrested on the 13/3/2015, the applicant was in remand custody upto 6/8/2015 when he was sentenced to 20 years imprisonment. The trial court failed to take that period into account. 2. That period was by dint of section 333(2), Criminal Procedure Code to be applied to proportionately reduce his imprisonment term. It was not so applied. 3. Having been brought to the attention of this court that the law was not complied with, the court remedies that breach, and directs the sentence be computed from the 13/3/2015. 4. It is so ordered. Let the court file be closed. DATED, SIGNED AND DELIVERED THIS 14TH DAY OF NOVEMBER, 2025 PATRICK J O OTIENO JUDGE 12/11/2025 https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19482/eng@2025-11-14 1
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