Jacob Orechi Nyakundi v Republic [2017] KEHC 9717 (KLR)

REPUBLIC OF KENYA.

IN THE HIGH COURT OF KENYA AT NAIROBI

CRIMINAL DIVISION

CRIMINAL REVISION NO. 68 OF 2016

JACOB ORECHI NYAKUNDI…………………….………...APPLICANT

VERSUS

REPUBLIC………………………………………………RESPONDENT

RULING

The Applicant was charged vide Kibera Cr. Case No. 1797 of 2014 with the offence of breaking into a building namely a tent used as a store and committing a felony contrary to Section 306 (a) as read with Section 306 (b) of the Penal Code. He was convicted on his own plea of guilty and sentenced to serve five years imprisonment on 13th May, 2014. By a Notice of Motion dated 6th January, 2016, he sought a revision of the sentence by pleading with the court to substitute the custodial sentence with a non- custodial sentence.

After this court called for the original record of proceedings, a revision file, H.C. Revision No. 302 of 2016 was availed. I confirmed that the Applicant had filed a similar application in that file and the same was disposed by Hon. Kimaru, J on 18th January, 2017. The custodial sentence was substituted with a non-custodial sentence of CSO. This application is thus overtaken by events and I strike out accordingly.

Dated and delivered at Nairobi This 8th November, 2017.

G.W.NGENYE-MACHARIA

JUDGE

In the presence of;

1. Applicant absent

2. M/s Nyauncho for the Respondent.