Oyugi v Republic (Miscellaneous Criminal Application E097 of 2025) [2025] KEHC 19518 (KLR) (29 October 2025) (Ruling) Neutral citation: [2025] KEHC 19518 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT HOMA BAY MISCELLANEOUS CRIMINAL APPLICATION E097 OF 2025 PJO OTIENO, J OCTOBER 29, 2025 BETWEEN BARNABA ONYANGO OYUGI ............................................................. APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The record at trial reveal that the applicant spent a period of 223 days in remand custody before he was convicted and sentenced. 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 that in computing the prison term, a period of 223 days be applied to proportionately reduce his prison term. It is so ordered. Let the court file be closed. PATRICK J O OTIENO JUDGE 29/10/2025 Representation: C/Assistant – Biwott Applicant present at Migori Main Prison M/S Akimat for prosecution https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19518/eng@2025-10-29 1
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