kehc-2025-19528

Republic v Runau (Revision Case E065 of 2025) [2025] KEHC 19528 (KLR) (3 November 2025) (Ruling) Neutral citation: [2025] KEHC 19528 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT LODWAR REVISION CASE E065 OF 2025 PJO OTIENO, J NOVEMBER 3, 2025 BETWEEN REPUBLIC ............................................................................................ PROSECUTOR AND BENARD KAI RUNAU ............................................................................... ACCUSED RULING 1. The lower court file has been placed before the court pursuant to the notice of motion filed in court on the 1/9/2025. The motion seeks that the applicant be accorded the statutory benefit conferred by section 333(2) CPC. Such applications are considered by the court as seeking revision of the orders by the trial court pursuant to section 362 as read with 364 of Criminal Procedure Code. 2. The court has perused the trial court file and established that the applicant was apprehended on the 28/5/2024 and arraigned in court on the 29/5/2024, when they took the plea. Thereafter he remained in custody till the conviction was rendered and sentence meted out on the 26/7/2024. 3. He was thus in custody throughout his trial and by law, the prison term imposed on him by the trial court ought to be computed from the date of arrest. Even though the trial court commented that it had taken into account the period of remand custody, he did not apply same to proportionately reduce the sentence. 4. That failure presents an incorrect interpretation and application of the law and order be revised. It is revised with directions that the sentence shall be computed commencing on the 28/5/2024. 5. It is so ordered. 6. Let the court file be closed. DATED, SIGNED AND DELIVERED THIS 3RD DAY OF NOVEMBER, 2025 https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19528/eng@2025-11-03 1

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