The Applicant was arrested on 25/08/2025. He was tried and convicted on the 7 th April 2026.
The learned Honourable Magistrate sentenced him to a period of 8 months in prison.
Although the applicant had been granted a bond there is no record to show that he was released from remand pending trial. The trial court was therefore under duty to discount the period spent in custody before sentence from his 8 (eight) months imprisonment in line with the provisions of Section 333(2) of the Criminal Procedure Code .
In exercise of the powers bestowed upon this court under Section 362 and 364 of the Criminal Procedure as read together with Article 165 (6) of the Constitution this court allows the revision and orders that the sentence of 8 (eight) Months imprisonment shall be computed from the date of arrest and remand.
It is so ordered.
NAIROBI HC CR REVISION E 045 OF 2026 – Vs- Charles William Ochieng vs- ODPP 1
The learned Honourable Magistrate sentenced him to a period of 8 months in prison.
Although the applicant had been granted a bond there is no record to show that he was released from remand pending trial. The trial court was therefore under duty to discount the period spent in custody before sentence from his 8 (eight) months imprisonment in line with the provisions of Section 333(2) of the Criminal Procedure Code .
In exercise of the powers bestowed upon this court under Section 362 and 364 of the Criminal Procedure as read together with Article 165 (6) of the Constitution this court allows the revision and orders that the sentence of 8 (eight) Months imprisonment shall be computed from the date of arrest and remand.
It is so ordered.
NAIROBI HC CR REVISION E 045 OF 2026 – Vs- Charles William Ochieng vs- ODPP 1