https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11542

**REPUBLIC OF KENYA.** **IN THE HIGH COURT OF KENYA AT LODWAR.** **CRIMINAL MISC. APPL. NO. E010 OF 2026.** **NASHON RUME OJWANG........................................................APPLICANT** **VERSUS** **REPUBLIC...................................................................................RESPONDENT** **RULING.** 1. The request before the court is for revision of the sente4nce to take into account time spent in remand custody. The trial court records availed show that the Accused was arrested and charged with the offence of incest and an alternative offence of indecent act with child aged 15 years. 2. The arrest was on 25.01.2018 and was arraigned in court on 26.01.2018. 3. On the date he took plea, he was admitted to bond of Kshs.100,000/= with one surety to the like sum and there is no record that his surety was approved on the4 12.02.2018 and was he released pending trial. 4. It follows that he remained in remand custody for the limited period upto 12.2.2018. That is a period of 18 days. 5. In meting out the sentence the trial court did not take the remand custody period into account. Even the appellate court did not address the issue yet the law makes it mandatory as right to the least severe sentence. 6. There is no discretion in a court to choose whether to take into account or not. Taking into account so as to proportionately reduce the sentence imposed is not optional. 7. Because the law was overlooked, the court directs that in computing sentence for 20 years, the applicant be a credit for 18 days. 8. It is so ordered. **Dated, Signed and Delivered at Lodwar** this 24th **day of** July**, 2026.** **Patrick J.O. Otieno** **Judge**