Ndegwa v Republic [2023] KEHC 3746 (KLR)

Ndegwa v Republic (Criminal Revision E512 of 2022) [2023] KEHC 3746 (KLR) (27 April 2023) (Ruling)

Neutral citation: [2023] KEHC 3746 (KLR)

Republic of Kenya

In the High Court at Nakuru

Criminal Revision E512 of 2022

HM Nyaga, J

April 27, 2023

Between

Samuel Ndegwa

Applicant

and

Republic

Respondent

Ruling

1. The Applicant, Samuel Ndegwa was convicted on his own plea of guilty for the offence of House Breaking contrary to Section 304 (1)(b) and Stealing contrary to Section 279(b) of thePenal Code.

2. The Particulars of the offence was that on 5th October,2022 at Kirima Area in Nakuru North Sub- County within Nakuru County, he broke and entered the dwelling house of Peterson Milambo and did steal from there one Television set make Vitron Valued Ksh. 25,000/=, 6kg total cylinder gas and two beds sheets all valued at Ksh. 28,000/= the property of Peterson Milambo.

3. He was sentenced to serve 5 months’ imprisonment on 13th October,2022.

4. He completed his sentence on or about 13th March,2023.

5. Consequently, the only just order which this court can make which I hereby do, is to order that the application has been overtaken by events and is marked as such. Orders accordingly.

DATED, SIGNED & DELIVERED AT NAKURU THIS 27THAPRIL, 2023. H.M. NYAGAJUDGEIn the presence of:C/A JenifferMs Murunga for stateApplicant- N/A