Nyawanda v Republic [2025] KEHC 1645 (KLR)

Nyawanda v Republic (Criminal Revision E003 of 2025) [2025] KEHC 1645 (KLR) (17 February 2025) (Ruling)

Neutral citation: [2025] KEHC 1645 (KLR)

Republic of Kenya

In the High Court at Kibera

Criminal Revision E003 of 2025

DR Kavedza, J

February 17, 2025

Between

James Nyawanda

Applicant

and

Republic

Respondent

Ruling

1. The applicant was charged and after full trial convicted of the offence of defilement contrary to section 8(1) as read with 8(2) of the Sexual Offences Act No. 3 of 2006. He was sentenced to life imprisonment.

2. Being aggrieved, the applicant filed an appeal application no. 86 of 2023 seeking an order from this court for the review of the sentence imposed by the trial court. Consequently, the life sentence was substituted by twenty years imprisonment.

3. From the record of the court, the applicant filed an appeal no. E194 of 2024 to the Court of Appeal seeking a review of the revised sentence and the appeal is still pending.

4. I find the application to be an abuse of the court process and dismiss it.

Orders accordingly.

RULING DATED AND DELIVERED VIRTUALLY THIS 17TH DAY OF FEBRUARY 2025________________D. KAVEDZAJUDGE