Boniface Mutua Wambua v Republic [2019] KEHC 5810 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KITUI

CRIMINAL MISC. APPLICATION NO. 21 OF 2019

BONIFACE MUTUA WAMBUA........APPLICANT

VERSUS

REPUBLIC........................................RESPONDENT

R U L I N G

1. Boniface Mutua Wambua,the Applicant was arraigned in Court for the offence of Defilementcontrary to Section 8(1)as read with Section 8(4)of the Sexual Offences Act.He was convicted and sentenced to 20 years imprisonment.He appealed against the decision of the first instance Court.  This Court considered the Appeal, confirmed the conviction but set aside the sentence imposed and substituted it with fifteen (15) years imprisonment.Aggrieved, the Appellant filed a second Appeal to the Court of Appeal, a matter that is pending hearing.

2. By way of Chamber Summons dated 19th March, 2019he now seeks an order that the twenty (20) years imprisonmentmeted out by the trial Court do commence from the date of his arrest.

3. This Court became functus officioafter pronouncing the sentence of fifteen (15) years imprisonmentthat was to run from the date of conviction by the trial Court.  This Courts mandate having expired, it cannot usurp the jurisdiction of the Court of Appeal.

4. Therefore, the Application is dismissed.

5. It is so ordered.

Dated, Signed and Delivered at Kitui this 19th day of June, 2019.

L. N. MUTENDE

JUDGE