Anthony Makwach Ebei v Republic /odpp

Ebei v Republic /ODPP (Criminal Revision E068 of 2025) [2025] KEHC 19462 (KLR) (19 September 2025) (Ruling) Neutral citation: [2025] KEHC 19462 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT LODWAR CRIMINAL REVISION E068 OF 2025 PJO OTIENO, J SEPTEMBER 19, 2025 BETWEEN ANTHONY MAKWACH EBEI .............................................................. APPLICANT AND REPUBLIC /ODPP ............................................................................... RESPONDENT RULING 1. The request in the undated Notice of Motion filed in court on 2/2/2025 is that the court rectifies the failure by the trial court to take into account the period spent by the applicant in remand custody pending trial. Section 333(2) CPC is invoked to premise the request. 2. A perusal of the record reveals that having been arrested and presented to court on 12/4/2022, he remained in custody till the 2/3/2023 when he was sentenced to serve a prison term of five years. 3. Even though the court appreciated that the applicant had been in custody for nine (9) months, that period was never applied to proportionately reduce the sentence. 4. That failure denied the applicant a vested benefit under the statute, section 333(2), Criminal Procedure Code. 5. Having been brought to the attention of the court, the court remedies that failure by revising the sentence to the extent that it shall commence and be computed from the 12/4/2022, the day the applicant was arrested and placed into custody. DATED, SIGNED AND DELIVERED VIRTUALLY THIS 19TH DAY OF SEPTEMBER, 2025 PATRICK J O OTIENO JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19462/eng@2025-09-19 1