Josam Okonda Oyombe v Odpp

Oyombe v ODPP (Criminal Miscellaneous Application E100 of 2025) [2026] KEHC 8086 (KLR) (8 June 2026) (Ruling) Neutral citation: [2026] KEHC 8086 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISUMU CRIMINAL MISCELLANEOUS APPLICATION E100 OF 2025 JM OMIDO, J JUNE 8, 2026 BETWEEN JOSAM OKONDA OYOMBE .................................................................. APPLICANT AND ODPP ..................................................................................................... RESPONDENT RULING 1. I have considered the Applicant’s application for review of his sentence. 2. From the record of the trial court, which is before me, he was arrested and arraigned on 16/6/17. He was convicted and sentenced on 30/5/2019. During the period of his trial, he remained in custody a he was never released on bond. 3. When sentencing the Applicant, the trial court did not take into consideration the period during which he remained in custody as is required under Section 333 (2) of the Criminal Procedure Code. 4. The foregoing being the case, his application is merited. 5. In the result, I will allow it, only to the extent that I review the date of commencement of his sentence from 30/5/2019 to 16/6/2017. The committal order shall accordingly be amended. 6. 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/2026/8086/eng@2026-06-08 1

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