REPUBLIC OF KENYA HIGH COURT OF KENYA AT KISII MISC. CRIMINAL APPLICATION NO. E005 OF 2026 HASSAN ONYONKA OMOI ................................................ APPLICANT VERSUS REPUBLIC ..................................................................... ...... RESPONDENT RULING 1. The applicant was convicted for the offence of rape by Hon. B. O. Omwanza (SPM) on 19/6/2025. He was subsequently sentenced to serve 10 years imprisonment on 26/6/2026 in Kisii CM Criminal case No. SO E034 of 2024. 2. It is, however, noted that the time accused spent in custody from the time he was arraigned in court on 14/4/2024 to 26/6/2025 was not factored in his sentence as provided under section 333(2) of the CPC. 3. The sentence meted on the accused by the lower court is reviewed to reduce the sentence with the time he has been in custody during his trial. Dated, signed and delivered at Kisii this 27th day of July 2026. Hon. P. K. Rotich JUDGE
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