Francis Erupe v Republic (odpp)

Erupe v Republic (ODPP) (Criminal Revision E015 of 2025) [2025] KEHC 19525 (KLR) (9 July 2025) (Ruling) Neutral citation: [2025] KEHC 19525 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT LODWAR CRIMINAL REVISION E015 OF 2025 PJO OTIENO, J JULY 9, 2025 BETWEEN FRANCIS ERUPE ..................................................................................... APPLICANT AND REPUBLIC (ODPP) .............................................................................. RESPONDENT RULING 1. The trial court file, Lodwar MCSO NO. E023 of 2023 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 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. 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 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. 6. Because of the failure to take the period taken in custody into consideration, the court revises the sentence to the extent that it shall be computed from the 15/6/2023 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/2025/19525/eng@2025-07-09 1

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