Ochieng v Republic (Miscellaneous Criminal Application E042 of 2025) [2026] KEHC 9484 (KLR) (2 July 2026) (Ruling) Neutral citation: [2026] KEHC 9484 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT BUSIA MISCELLANEOUS CRIMINAL APPLICATION E042 OF 2025 SM MOHOCHI, J JULY 2, 2026 BETWEEN SHEM VILORY OCHIENG ..................................................................... APPLICANT AND REPUBLIC OF KENYA ....................................................................... RESPONDENT RULING 1. In consideration of the undated Application whereby the Applicant sought review of sentence to factor in the period he had served in remand awaiting trial. 2. The Applicant contends that the learned Magistrate failed to factor in a period of one (1) year five (5) months and nine (9) days. 3. I have reviewed the sentencing noted dated 02/12/2015 whereby the learned Magistrate explicitly notes that “The sentence to be deemed to have began on the 05/07/2013 when he was sentenced in earlier proceedings in CR. 2213/2015. 4. I find this Court to have been conscious of the provisions relating to Section 333 of the Criminal Procedure Code. 5. I am thus unable to interfere with the sentence imposed to run from 05th July, 2013. 6. I accordingly find the undated Application to be without merit, the same is dismissed. SIGNED, DATED AND DELIVERED AT BUSIA ON THIS 2ND DAY OF JULY, 2026 _________________________ MOHOCHI S. M. PRESIDING JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9484/eng@2026-07-02 1
A note on accuracy. These pages are generated automatically from our AI-written case briefs and have not been checked by a lawyer. Case titles and citations come from Kenya Law; the counts, topics, propositions and “treatment” labels are derived from the briefs and can be incomplete or wrong. Use them as a research aid and always read the original judgment before relying on anything here. This is not legal advice.