Eipa Lokwaswan v Republic (odpp) & 1 other

Lokwaswan v Republic (ODPP) (Criminal Revision E001 of 2025) [2025] KEHC 19457 (KLR) (9 July 2025) (Revision) Neutral citation: [2025] KEHC 19457 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT LODWAR CRIMINAL REVISION E001 OF 2025 PJO OTIENO, J JULY 9, 2025 BETWEEN EIPA LOKWASWAN ................................................................................ APPLICANT AND REPUBLIC (ODPP) .............................................................................. RESPONDENT REVISION 1. The trial court file, Lodwar MCCR NO. E697 of 2023 has been placed before the court for perusal at the request of the applicant/the convict. 2. Perusal 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 pending trial and conviction. 5. The sentence for four (4) years prison by the trial plainly fails to give to the applicant the statutory benefit under section 333(2) CPC The statute and court decision on it make it mandatory that the benefit be given without any discretion upon the court. 6. Following the failure to accord the statutory benefit to the applicant, the court revises the sentence to the extent that it shall be computed from the 14/11/2023 being the date the charge sheet and proceedings show, he was arrested and put into custody. 7. Let the court file be closed. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19457/eng@2025-07-09 1

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