Brian Odhiambo v Odpp

Odhiambo v ODPP (Criminal Miscellaneous Application E012 of 2026) [2026] KEHC 8048 (KLR) (8 June 2026) (Ruling) Neutral citation: [2026] KEHC 8048 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISUMU CRIMINAL MISCELLANEOUS APPLICATION E012 OF 2026 JM OMIDO, J JUNE 8, 2026 BETWEEN BRIAN ODHIAMBO ............................................................................... APPLICANT AND ODPP ..................................................................................................... RESPONDENT RULING 1. The Applicant was arrested and arraigned in court on 3/2/25. His trial proceeded and he was convicted and sentenced to 10 years imprisonment on 8/9/25. 2. During the subsistence of his trial, the Applicant remained in custody as he was never released on bond. 3. When sentencing him, the trial court did not take into account the period that he had remained in custody as is required under Section 333 (2) of the Criminal Procedure Code. 4. Consequently, the Applicant’s application for review of his sentence is merited. 5. Accordingly, I proceed to review the sentence only to the extent that the commencement date shall be substituted and shall read 3/2/25 instead of 8/9/25. 6. The committal order shall be accordingly amended. 7. This file is hereby closed. DELIVERED, SIGNED AND DATED AT KISUMU THIS 8TH DAY OF JUNE, 2026. JOE M. OMIDO JUDGE Applicant: Present, Virtually. For The Respondent: Ms. Muema, Prosecution Counsel. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8048/eng@2026-06-08 1

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