Odoyo v Republic (Miscellaneous Criminal Application E032 of 2024) [2025] KEHC 19471 (KLR) (29 October 2025) (Revision) Neutral citation: [2025] KEHC 19471 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT HOMA BAY MISCELLANEOUS CRIMINAL APPLICATION E032 OF 2024 PJO OTIENO, J OCTOBER 29, 2025 BETWEEN EUNICE ACHIENG ODOYO ................................................................. APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT REVISION 1. There is no discretion upon a court not to take into account the time spent in remand custody while imposing a sentence. 2. Where no regard is given to that period, as in this case, this court is obligated for the sake of compliance with the law, to revisit the sentence to make it compliant. 3. For that reason, the sentence imposed on the 4/12/2018 is directed to be computed to start running from the 6/10/2015 when the applicant was arrested and placed into custody. It is so ordered. let the court file be closed. PATRICK J O OTIENO JUDGE 29/10/2025 https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19471/eng@2025-10-29 1
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