Patrick Angweya Shimeka v Republic [2017] KEHC 9538 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

CRIMINAL DIVISION

CR. REV. NO 20 OF 2017

PATRICK ANGWEYA SHIMEKA.........APPLICANT

VERSUS

REPUBLIC........................................RESPONDENT

RULING

The application before this court is for revision of sentence from Kibera Cr. Case No. 7110 of 2007.  The particular prayer is that the period the Applicant spent in remand be reduced from the sentence. The court has noted that this application was heard and disposed of vide Cr. Appeal No. 645 of 2010. In that appeal, he had filed a revision application in addition to the appeal itself.  He withdrew the appeal by a way of Notice of Withdrawal filed on 24th November, 2015 and proceeded with the application for review of sentence filed on the same date. The ruling on revision was delivered by this court on 23rd December, 2015. The issues raised in the instant application were canvassed and settled by the court in that ruling. Accordingly, the application ought not to have been filed and the same is hereby dismissed. It is so ordered.

DATED and DELIVERED this 5TH DAY OF OCTOBER, 2017

G.W. NGENYE-MACHARIA

JUDGE

In the presence of:

1. No appearance for the Applicant

2. M/s Sigei for the Respondent