Njagu v Republic [2024] KEHC 8042 (KLR)

Njagu v Republic (Criminal Revision E004 of 2024) [2024] KEHC 8042 (KLR) (28 June 2024) (Ruling)

Neutral citation: [2024] KEHC 8042 (KLR)

Republic of Kenya

In the High Court at Kisumu

Criminal Revision E004 of 2024

RE Aburili, J

June 28, 2024

Between

Leonard Chege Njagu

Applicant

and

Republic

Respondent

(From the original conviction and sentence in the Chief Magistrate’s Court Criminal Case No. 730 of 2004 at Kisumu)

Ruling

1. The Applicant is Leonard Chege Njagu. He is a convict of Robbery with violence vide Kisumu Chief Magistrate Criminal Case No. 730 of 2004. He was sentenced to death.

2. He appealed vide Kisumu HCCRA No. 348 of 2020. He states that his appeal was dismissed. He then petitioned before the Court of Appeal but the case number given is 730 of 2004 which cannot be true since he also claims that he appealed to the High Court vide HCCRA No. 348 of 2010.

3. That said, he now seeks sentence revision. No proceedings or record of appeal is annexed to his application, for this court to appreciate circumstances under which the offence was committed.

4. I find the application barren of any material. It is hereby dismissed.

5. Signal to issue.

6. This file is closed.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 28THDAY OF JUNE, 2024R. E. ABURILIJUDGE