Aleman Lomolen v Republic (odpp)

Lomolen v Republic (Criminal Revision E006 of 2025) [2025] KEHC 19491 (KLR) (9 July 2025) (Ruling) Neutral citation: [2025] KEHC 19491 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT LODWAR CRIMINAL REVISION E006 OF 2025 PJO OTIENO, J JULY 9, 2025 BETWEEN ALEMAN LOMOLEN .............................................................................. APPLICANT AND REPUBLIC (ODPP) .............................................................................. RESPONDENT RULING 1. The trial court file, Kakuma MCCR No. E232 of 2024, has been placed before the court for perusal at the request of the applicant/the convict. 2. 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 as typed and certified and established that while the applicant was granted bond of Kshs.200,000/= with one surety in the like sum, he was never released but instead remanded in custody by warrants of committal dated 28/5/2024. Without evidence of approval of surety or release order, the court accepts the Applicants deposition that he remained in custody for a period of five (5) months pending trial and conviction. 4. The sentence by the trial is plain and fails to give to the applicant the statutory benefit under section 333(2) C.P.C. The statute and court decision on it make it mandatory that the benefit be given without any discretion upon the court. 5. For the reasons that the sentence does not take into account the period of incarceration pending trial, the court revises the sentence to the extent that it shall be computed form the 15/5/2024 being the date the charge sheet and proceedings show, the Appellant was arrested and put into custody. 6. Let the court file be closed. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19491/eng@2025-07-09 1

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