https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11024
The court treated the original sentencing remark as intended to mean that the custodial period already served must be factored into the sentence, and therefore reviewed the sentence to account for time spent in custody.
Source-derived case information.
- Citation
- [2026] KEHC 11024 (KLR)
- Parties
- Prosecutor: Republic; Accused: Evans Morube Nyabuto
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E051 of 2026
- Procedural Posture
- Miscellaneous Criminal Application / Sentence Review/ruling
- Outcome
- Sentence reviewed
- Judges
- ["PK Rotich"]
- Legal Topics
- Review of Sentence, Time Spent in Custody, Correction/interpretation of Sentencing Order
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Prosecutor
Evans Morube Nyabuto
Accused
Procedural Posture
Miscellaneous Criminal Application / Sentence Review/ruling
Legal Issues
- 1 Whether the sentence imposed in the murder conviction should be reviewed to expressly account for time spent in custody.
- 2 Whether the court should correct the wording 'taken into' to mean 'taken into account'.
Ratio Decidendi
The court treated the original sentencing remark as intended to mean that the custodial period already served must be factored into the sentence, and therefore reviewed the sentence to account for time spent in custody.
Court Disposition
Sentence reviewed
Orders
- The sentence of Evans Morube Nyabuto and Abel Orenge is reviewed to take into account the time they spent in custody.
Full Case Text
Judgment text and source record
1 paragraphs
Republic v Nyabuto (Miscellaneous Criminal Application E051 of 2026) [2026] KEHC 11024 (KLR) (21 July 2026) (Ruling) Neutral citation: [2026] KEHC 11024 (KLR) Republic of Kenya In the High Court at Kisii Miscellaneous Criminal Application E051 of 2026 PK Rotich, J July 21, 2026 Between Republic Prosecutor and Evans Morube Nyabuto Accused Ruling 1.The Applicant, Evans Morube Nyabuto and Abel Orenge were convicted for the two counts of murder on 21st September 2023 by Lady Justice R. E. Ougo in Kisii HC Criminal Case No. 29 of 2019 and were sentenced to serve 20 years imprisonment each. 2.The Ruling by the Honourable Judge on also stated;-“The time they have spent in remand will be taken into.” 3.I believe the Judge meant to state into account. 4.The sentence of both the Applicant, Evans Morube Nyabuto and Abel Orenge are, therefore, reviewed to take into account the time they spent in custody. DATED, SIGNED AND DELIVERED IN KISII ONLINE VIA MS. TEAMS THIS 21ST DAY OF JULY 2026.HON. P. K. ROTICHJUDGE