Ipolot v Republic (Criminal Revision E005 of 2025) [2025] KEHC 19474 (KLR) (25 July 2025) (Revision) Neutral citation: [2025] KEHC 19474 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT LODWAR CRIMINAL REVISION E005 OF 2025 PJO OTIENO, J JULY 25, 2025 [IN CHAMBERS] BETWEEN MOSES IPOLOT ....................................................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT REVISION 1. The court has read and appreciated the applicant’s undated application to seek variation/revision of the sentence on the basis that the period served in remand custody was not taken into account. 2. The court has equally read the record at trial and noted that while the applicant was arrested on 25/7/2023 and arraigned in court on 27/7/2023, he was granted bail but there is no record that any surety was ever approved and him released from custody. 3. The law obligated the court to take the period between 25/7/2023 and the date of sentence into account to ensure that the period proportionately reduces the sentence imposed. 4. The trial court did not comply with the requirement of the law and thus the threshold for revision on the basis of incorrectness of the sentence has been demonstrated. 5. Accordingly the sentence is revised to comply with the requirements of section 333(2). 6. The three (3) year sentence meted upon the applicant shall be computed from the 25/7/2023, the day the applicant was arrested and placed into custody. DATED, SIGNED AND DELIVERED VIRTUALLY THIS 25TH DAY OF JULY, 2025. PATRICK J O OTIENO JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19474/eng@2025-07-25 1
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