Republic v Naboi (Revision Case E018 of 2025) [2025] KEHC 19581 (KLR) (3 November 2025) (Ruling) Neutral citation: [2025] KEHC 19581 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT LODWAR REVISION CASE E018 OF 2025 PJO OTIENO, J NOVEMBER 3, 2025 BETWEEN REPUBLIC ............................................................................................ PROSECUTOR AND REGINA NABOI ........................................................................................... ACCUSED RULING 1. The lower court file has been placed before the court pursuant to the notice of motion filed in court on the 12/3/2025. 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 18/12/2020 and arraigned in court on the 23/12/2020, when he took the plea. There after he remained in custody till the conviction was rendered on the 2/9/2021. 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. It was not done. 4. That failure presents an incorrect interpretation and application of the law and order be revised. It is revised with directions that the sentence of 7 years shall be computed commencing on the 18/12/2020. 5. It is so ordered. 6. Let the court file be closed. DATED, SIGNED AND DELIVERED THIS 3RD DAY OF NOVEMBER, 2025 PATRICK J O OTIENO JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19581/eng@2025-11-03 1
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