Njambi & another v Republic [2024] KEHC 1075 (KLR)

Njambi & another v Republic (Criminal Revision 155 of 2019) [2024] KEHC 1075 (KLR) (Crim) (5 February 2024) (Ruling)

Neutral citation: [2024] KEHC 1075 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Criminal

Criminal Revision 155 of 2019

LN Mutende, J

February 5, 2024

Between

Kenneth Ngugi Njambi

1st Applicant

Peter Musyoki

2nd Applicant

and

Republic

Respondent

Ruling

1. Kenneth Ngugi Njambi was arraigned, charged, tried and convicted for the offence of robbery with violence contrary to Section 295 as read with Section 296(2) of the Penal Code.

2. Following the conviction, he was sentenced to serve ten (10) years imprisonment on 5th March, 2019.

3. Through a Notice of Motion dated 3rd June, 2019, the applicant seeks an order directing the sentence to run from the date of arrest.

4. I have perused the record of the Lower Court. It is apparent that the trial court took into account the period he spent in remand custody.

5. In the result, the application lacks merit. Accordingly it is dismissed.

6. It is so ordered.

DATED, SIGNED AND DELIVERED VIRTUALLY THROUGH MICROSOFT TEAMS AT NAIROBI, THIS 5TH DAY OF FEBRUARY, 2024. L. N. MUTENDEJUDGEIn The Presence of:Court Assistant: Habiba/HadijaNo appearance for the 1st ApplicantNo appearance for 2nd ApplicantMs Tumaini Wafula for the Respondent/ODPP