Michael Chege Nduaru v Republic

Nduaru v Republic (Criminal Revision E163 of 2025) [2025] KEHC 17004 (KLR) (18 November 2025) (Ruling) Neutral citation: [2025] KEHC 17004 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIBERA CRIMINAL REVISION E163 OF 2025 DR KAVEDZA, J NOVEMBER 18, 2025 BETWEEN MICHAEL CHEGE NDUARU ................................................................ APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The applicant was charged and convicted for the ofience of defilement contrary to section 8(1) as read with 8(2) of the Sexual Offences, No. 3 of 2006. He was sentenced to serve twenty (20) years imprisonment. 2. He filed the present application and an affidavit in support of his motion seeking sentence review. The arguments raised are that the trial court failed to consider the time he spent in remand custody during the computation of his sentence. 3. I have considered the application, the affidavit in support and the applicable law. I have also considered the trial court record. The issue for consideration is whether the trial court considered the time the applicant spent in remand. 4. From the record, the trial court in its judgment failed to indicate that the time spent in remand custody had been considered. 5. In the premises, the application is allowed. The sentence of twenty (20) years shall run from 27th August 2012 the date of the applicant’s arrest pursuant to section 333(2) of the Criminal Procedure Code. Orders accordingly. RULING DATED AND DELIVERED VIRTUALLY THIS 18TH NOVEMBER 2025 ___________ https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/17004/eng@2025-11-18 1

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