Esekon Ebenyo v Republic/odpp

Ebenyo v Republic/Odpp (Criminal Revision E016 of 2025) [2025] KEHC 19612 (KLR) (19 September 2025) (Ruling) Neutral citation: [2025] KEHC 19612 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT LODWAR CRIMINAL REVISION E016 OF 2025 PJO OTIENO, J SEPTEMBER 19, 2025 BETWEEN ESEKON EBENYO .................................................................................... APPLICANT AND REPUBLIC/ODPP ................................................................................ RESPONDENT RULING 1. By his undated Notice of Motion filed in court on the 28/1/2025 the applicant make the straight forward prayer that the period spent in remand custody be taken into account so as to proportionately reduce the imprisonment term imposed upon him by the court. 2. The perusal of the record show that even though the applicant was admitted to bond, there is nothing in the file to show that he was ever released. It is thus clear to court that the applicant remained in custody throughout the trial upto the date he was sentenced. 3. That position invites the clear but yet mandatory dictate of section 333(2) CPC. Taking into account the period spent in custody is not a discretionary matter but an obligation upon the sentencing court. 4. I have perused the record on the sentence of 10 years imposed by the appellate court and noted that it denied the applicant a statutory right without any justification or justifiable reasons at all. 5. The denied benefit now calls for restoration. The court restores the benefit by an order that the jail term of 10 years shall be computed and reckoned with effect from the 21/9/2022, being the date the applicant was put into custody. It is so ordered. DATED, SIGNED AND DELIVERED VIRTUALLY THIS 19TH DAY OF SEPTEMBER, 2025 PATRICK J O OTIENO https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19612/eng@2025-09-19 1

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