Ekuwom Egiron v Republic (odpp) & 1 other

Egiron v Republic (ODPP) (Criminal Revision E030 of 2025) [2025] KEHC 19455 (KLR) (9 July 2025) (Revision) Neutral citation: [2025] KEHC 19455 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT LODWAR CRIMINAL REVISION E030 OF 2025 PJO OTIENO, J JULY 9, 2025 BETWEEN EKUWOM EGIRON ................................................................................ APPLICANT AND REPUBLIC (ODPP) .............................................................................. RESPONDENT REVISION 1. The trial court file, Kakuma MCSO No. E008 of 2024 has been placed before the court for perusal at the request of the applicant/the convict. 2. From reading of the undated Notice of Motion filed for revision show that the applicant does not challenge the conviction or sentence but seek the statutory benefit granted by section 333(2) Criminal Procedure Code. 3. The court has perused the proceedings and established that while the applicant was granted bond of Kshs.100,000/= with one surety in the like sum, he was never released but instead remanded in custody 4. Without evidence of approval of surety or release order, the court accepts the Applicants deposition that he remained in custody for a period of nine (9) months pending trial and conviction. 5. While sentence by the trial court appreciates that the appellant was always in custody it fails to give to the applicant the statutory benefit under section 333(2) CPC. 6. The statute and court decision make it mandatory that the benefit be given by deducting the period served without any discretion upon the court. 7. Because the statutory benefit was denied, the court revises the sentence to the extent that it shall be computed from the 10/5/2024 being the date the charge sheet and proceedings show, he was arrested and put into custody. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19455/eng@2025-07-09 1

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