Njuguna v Republic [2022] KEHC 10029 (KLR)

Njuguna v Republic (Criminal Appeal 117 of 2017) [2022] KEHC 10029 (KLR) (Crim) (12 July 2022) (Order)

Neutral citation: [2022] KEHC 10029 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Criminal

Criminal Appeal 117 of 2017

JM Bwonwong'a, J

July 12, 2022

Between

Stanley Thiongo Njuguna

Applicant

and

Republic

Respondent

(Being an application for revision of the order of Hon. A.R. Kithinji, SPM, dated 30 /08/2017 in Makadara Chief Magistrate’s Court in Criminal Case No. 1189 of 2014, Republic v Stanley Thiong’o Njuguna)

Order

The case for the applicant 1. This is an application for revision of the order of the lower court in respect of a sentence of 15 years imprisonment in count 1 which charged the applicant with the offence of defilement contrary to section 8 (1) (2) and 10 years imprisonment in respect of the alternate charge of committing an indecent assault contrary to section 11 (1) of the Sexual Offences Act No. 3 of 2006, which sentences were ordered to run concurrently.

2. The lower court file was forwarded to this court after it was called by this court for revision purposes following an application by the applicant.

3. Since this is an application for revision, I am obliged to peruse the record of the proceedings for revisional purposes.

The contents of the record of the proceedings. 4. A perusal of the record shows that the applicant filed an appeal being Nairobi High Court Criminal Appeal No. 117 of 2017, Stanley Thiong’o Njuguna v Republic.

5. The record further shows that on 2nd October 2018, Hon. Lady Justice G.W. Ngenye-Macharia issued an order withdrawing the appeal and the file was closed.In terms the said order read as follows:“The appeal herein is marked as withdrawn. File closed.”

6. It therefore follows that there is no appeal or case pending in this court in respect of which the application for revision relates.

7. In the premises, I find that the application is incompetent and is hereby struck out.

RULING SIGNED, DATED AND DELIVERED IN OPEN COURT AT NAIROBI THIS 12TH DAY OF JULY 2022. J M BWONWONG’AJUDGEIn the presence of-Mr. Kinyua: Court AssistantThe applicant in person presentMr. Otieno for the Respondent