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Kiiru v Republic (Criminal Revision 460 of 2022) [2023] KEHC 3744 (KLR) (27 April 2023) (Ruling)
Neutral citation:
[2023] KEHC 3744 (KLR)
Republic of Kenya
Criminal Revision 460 of 2022
HM Nyaga, J
April 27, 2023
Between
Stephen Njoroge Kiiru
Applicant
and
Republic
Respondent
Ruling
1.The Applicant Stephen Njoroge Kiiru, was charged and convicted of the offence of Defilement contrary to Section 8(1) as read with Section 8(3) of the Sexual Offences Act, 2006.
2.The particulars of the offence were that on June 15, 2018 at [Particulars Withheld] in Nakuru North District within Nakuru County, unlawfully and intentionally committed an Act by inserting his male genital organ namely penis into a female genital organ namely vagina of SNM a child aged 15 years’ old which caused penetration.
3.On July 16, 2020, he was sentenced to twelve years’ imprisonment.
4.The file has been placed before this court for Revision, under the ongoing decongestion exercise.
5.The purpose of the revisionary powers of the High Court is to correct manifest irregularities or illegalities and give appropriate directions. The High Court has supervisory powers over the subordinate courts and Tribunals.Section 362 of the Criminal Procedure Code donates the power thus,Section 367 Criminal Procedure Code provides that
6.In this case, there are no grounds advanced to persuade this court to interfere with the sentence imposed by the Trial Court.
7.The sentence is lawful and the Applicant is therefore ordered to continue serving the same as imposed by the trial court.
8.Of course the applicant is at liberty to make a formal application/petition for re-sentencing or file an appeal against the conviction and sentence.
DATED, SIGNED & DELIVERED AT NAKURU THIS 27TH APRIL, 2023.H. M. NYAGAJUDGEIn the presence of:C/A JenifferMs Murunga for stateApplicant present
