Josephat Omari Ondari v Republic

Ondari v Republic (Miscellaneous Criminal Application E034 of 2026) [2026] KEHC 6806 (KLR) (18 May 2026) (Ruling) Neutral citation: [2026] KEHC 6806 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIBERA MISCELLANEOUS CRIMINAL APPLICATION E034 OF 2026 DR KAVEDZA, J MAY 18, 2026 BETWEEN JOSEPHAT OMARI ONDARI ................................................................ APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The applicant was charged with the ofience of Attempted Arson contrary to section 333 of the Penal Code, Cap 63 Laws of Kenya. After a full trial, he was convicted and sentenced to serve seven (7) years imprisonment. 2. The applicant filed the present application together with a supporting affidavit seeking sentence review. His principal contention is that the trial court failed to take into account the period he spent in remand custody when computing the sentence imposed. 3. I have considered the application, the affidavit in support, the trial court record, and the applicable law. The central issue for determination is whether the period spent in remand custody was factored into the sentence. 4. The record shows that in the judgment delivered on 28th February 2024, the court expressly addressed the issue of remand custody and indicated that due consideration had been given for the time spent in custody prior to sentencing. 5. In view of the foregoing, there is no basis for the assertion that the period in remand was disregarded. The application is therefore without merit and is dismissed. Orders accordingly. RULING DATED AND DELIVERED VIRTUALLY THIS 18TH DAY OF MAY 2026 ______________ https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6806/eng@2026-05-18 1

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