[2021] KEHC 9466 (KLR)
The High Court, acting on the remittal from the Court of Appeal, was limited to determining the issue of sentence. The appellant, having been informed that the mandatory sentence would remain 20 years, withdrew his appeal on sentence. Consequently, the original sentence of 20 years' imprisonment, as imposed on...
Source-derived case information.
- Citation
- [2021] KEHC 9466 (KLR)
- Parties
- Appellant: Robert Ndungu Gitau; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 409 of 2010
- Procedural Posture
- Criminal Revision / Ruling on Sentence After Appellate Remittal
- Outcome
- Sentence of 20 years' imprisonment reconfirmed; to run from date of original conviction.
- Judges
- DO Ogembo
- Legal Topics
- Sentencing, Appeal Remittal, Sentence Enhancement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Robert Ndungu Gitau
Appellant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence After Appellate Remittal
Legal Issues
- 1 Whether the sentence imposed on the appellant should be varied following the Court of Appeal's remittal.
- 2 Whether the withdrawal of the appeal by the appellant affects the sentence imposed.
Ratio Decidendi
The High Court, acting on the remittal from the Court of Appeal, was limited to determining the issue of sentence. The appellant, having been informed that the mandatory sentence would remain 20 years, withdrew his appeal on sentence. Consequently, the original sentence of 20 years' imprisonment, as imposed on 15.11.2013, was reconfirmed and remains operative. The sentence is to run from the date of the original conviction.
Court Disposition
Sentence of 20 years' imprisonment reconfirmed; to run from date of original conviction.
Orders
- The subject convict is to serve a sentence of 20 years’ imprisonment.
- The sentence is to run from the date of the original conviction on 15.10.2013.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL REVISION CASE NO.409 OF 2010
(Originating from Kibera Criminal Case No. 2637 Of 2008 And Court of Appeal No. 47 Of 2015)
ROBERT NDUNGU GITAU..............................APPELLANT
VERSUS
REPUBLIC....................................................RESPONDENT
RULING:
I have considered the inquiry made by the Officer in Charge, Kamiti Medium Prison dated 27. 1.2021.
The sentence herein was enhanced by the Judgment of the Hon. Lady Justice Mary M. Gitumbi, on 15. 11. 2013. On appeal to the Court of Appeal, the Court of Appeal referred the matter back to the High Court only for determination of the issue of sentence (Ruling of 29. 9.2015).
Following the order of the Court of Appeal, the matter came up before Justice Ngenye on 18. 10. 2016. The court clearly informed the applicant that the mandatory sentence would still be 20 years. The appellant then withdrew his appeal entirely. He could only withdraw the appeal on sentence as ordered by the court. The consequence of this is that the order sentencing him to 20 years imprison on 15. 11. 2013 was reconfirmed.
The subject convict (former convict) herein is therefore to serve a sentence of 20 years’ imprisonment. The same to run from the date of the original conviction on 15. 10. 2013. I so order.
HON. D. O. OGEMBO
JUDGE
3. 2.2021.