Okeyo v ODPP (Criminal Miscellaneous Application E009 of 2026) [2026] KEHC 8139 (KLR) (8 June 2026) (Ruling) Neutral citation: [2026] KEHC 8139 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISUMU CRIMINAL MISCELLANEOUS APPLICATION E009 OF 2026 JM OMIDO, J JUNE 8, 2026 BETWEEN LUCAS ODHIAMBO OKEYO ................................................................ APPLICANT AND ODPP ..................................................................................................... RESPONDENT RULING 1. The Applicant was arrested and arraigned before the trial court on 26/10/20. After his trial, he was convicted and sentenced on 20/9/22. 2. He was not released on bond during the subsistence of his trial. 3. When sentencing the Applicant, the trial court did not take into consideration the period that he remained remanded as is required under Section 333 (2) of the Criminal Procedure Code. 4. In the result, his application for review of his sentence is merited. 5. Accordingly, I proceed to review his sentence only to the extent that the date of commencement thereof shall be substituted to read 26/10/2020 instead of 20/9/22. 6. The committal warrant shall accordingly be 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/2026/8139/eng@2026-06-08 1
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Court Assistants: Mr. Ngoge & Mr. Juma. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8139/eng@2026-06-08 2
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