Odhiambo v Republic (Criminal Miscellaneous Application E008 of 2025) [2025] KEHC 19531 (KLR) (10 November 2025) (Ruling) Neutral citation: [2025] KEHC 19531 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT HOMA BAY CRIMINAL MISCELLANEOUS APPLICATION E008 OF 2025 PJO OTIENO, J NOVEMBER 10, 2025 BETWEEN THOMAS OMOLLO ODHIAMBO ........................................................ APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The record of the court at trial show that the accused was arrested on 20/4/2015, was arraigned in court on 24/4/2025. He was granted bail on the 18/6/2016 but there is no evidence that any surety was approved. There is equally no evidence of a release order in the file. 2. The court thus determines that he remained in custody throughout the trial, and therefore section 333(2) CPC mandates that the period between 20/4/2015 and 25/11/2019 ought to have been taken into account to proportionately reduce the sentence. That was not done and the court now corrects the error by a direction that in computing the sentence of 15 years, the computation shall commence on 20/4/2015. 3. It is so ordered. 4. 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/2025/19531/eng@2025-11-10 1
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