Case Metadata |
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| Case Number: | Criminal Appeal 178 of 2017 |
|---|---|
| Parties: | Patrick Muthiani Mutili v Republic |
| Date Delivered: | 08 Mar 2022 |
| Case Class: | Criminal |
| Court: | High Court at Nairobi (Milimani Law Courts) |
| Case Action: | Ruling |
| Judge(s): | Bwonwong'a Justus Momanyi |
| Citation: | Patrick Muthiani Mutili v Republic [2022] eKLR |
| Advocates: | Ms. Joy for the Respondent |
| Court Division: | Criminal |
| County: | Nairobi |
| Advocates: | Ms. Joy for the Respondent |
| History Advocates: | One party or some parties represented |
| Case Outcome: | Application dismissed in its entirety |
| Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
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
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