Ochieng v Republic (Criminal Revision E057 of 2025) [2025] KEHC 19523 (KLR) (10 November 2025) (Ruling) Neutral citation: [2025] KEHC 19523 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT HOMA BAY CRIMINAL REVISION E057 OF 2025 PJO OTIENO, J NOVEMBER 10, 2025 BETWEEN JOEL ODONGO OCHIENG ................................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The record says that the applicant was arrested on 18/5/2013 and arraigned in court on 20/5/2013. He remained in custody till the date of conviction when he was sentenced to suffer death. 2. He however appealed to the court of appeal which reduced the sentence to 20 years but the court directed that the said sentence commences on the 26/8/2015, the date of conviction by the high court. 3. It is clear to court that the time spent in remand custody was not taken into account by the court contrary to section 333(2) of CPC. For that failure the sentence of 20 years is directed to be computed from the 18/5/2013, the day the applicant was arrested and placed into custody. 4. It is so ordered. 5. Let the court file be closed. DATED, SIGNED AND DELIVERED THIS 10TH DAY OF NOVEMBER, 2025. PATRICK J O OTIENO JUDGE 10/11/2025 https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19523/eng@2025-11-10 1
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