Minani Gelvas v Republic

Gelvas v Republic (Criminal Miscellaneous Application E006 of 2025) [2026] KEHC 4538 (KLR) (9 April 2026) (Revision) Neutral citation: [2026] KEHC 4538 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT LODWAR CRIMINAL MISCELLANEOUS APPLICATION E006 OF 2025 PJO OTIENO, J APRIL 9, 2026 BETWEEN MINANI GELVAS ..................................................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT (From Original Conviction and Sentence in Kakuma criminal case No.SO19 OF 2019) REVISION 1. The Applicant was charged with the ofience of defilement was tried, convicted and sentenced to serve a prison term of 20 years. He appealed to this court in Lodwar HCCR Appeal No. E002 of 2023 against the sentence only. That appeal was heard on the merits and dismissed by a judgment dated 16/01/2025 for lack of merits. 2. In its rendition the made a comment that the matter of the type that had the prosecution sought an enhancement of the sentence the court would have seriously considered such a request. 3. The Appellant has now come back to court through the Notice of Motion dated 05.02.2025 seeking that the court revises the sentence in accordance with sections 333(2) of the Criminal Procedure Code. 4. The court has perused the record at trial availed to it and noted that even though the applicant was granted bond of kshs 200,000/ with one surety in the like sum, there is no record that a surety was ever presented nor a release order in the file to show that he was ever released pending trial. 5. The court thus finds, based on the record that the applicant remained in remand custody pending the trial and thus by dictates of section 333(2) CPC, his sentence is due for computation from the date of his arrest and incarceration. 6. The charge sheet on record reveal that the appellant was arrested on 01.11.2019. that is the day he lost his liberty into lawful custody and the computation of the sentence shall commence on the same date. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4538/eng@2026-04-09 1

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