Patrick Muthiani Mutili v Republic [2022] KEHC 1835 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

CRIMINAL APPEAL NO. 178 OF 2017

PATRICK MUTHIANI MUTILI.........................................APPELLANT

VERSUS

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

RULING AND ORDER

The applicant appealed to this court vide Nairobi High Court Criminal Appeal No. 178 of 2017. The court (Kimaru, J) reduced the sentence of 20 years to 15 years imprisonment in respect of the offence of defilement Contrary to Section 8 (i) as read with Section 8 (3) of the Sexual Offences Act.

This court therefore is functus officio and cannot now entertain and determine the application for review of the sentence.

Any division of this court whether the Human Rights and Constitutional Petition or Judicial Review Division is similarly functus officio. It therefore follows that it is an exercise in futility to transfer the application to the Human Rights and Constitutional division.

In the premises, the application fails and hereby dismissed in its entirety.

RULING AND ORDER DATED, SIGNED AND DELIVERED IN OPEN COURT AT NAIROBI THROUGH VIDEO CONFERENCE THIS 8TH DAY OF MARCH 2022.

J. M. BWONWONG’A

JUDGE

08/3/2022

Right of Appeal explained.

In the presence of-

1. Mr. Kinyua: Court Assistant

2. The Applicant: Present in person (in prison)

3. Ms. Joy for the Respondent