REPUBLIC OF KENYA. IN THE HIGH COURT OF KENYA AT NAIROBI CRIMINAL DIVISION CRIMINAL REVISION NO. 68 OF 2016 JACOB ORECHI NYAKUNDI…………………….………...APPLICANT VERSUS REPUBLIC………………………………………………RESPONDENT RULING The Applicant was charged vide Kibera Cr. Case No. 1797 of 2014 with the offence of breaking into a building namely a tent used as a store and committing a felony contrary to Section 306 (a) as read with Section 306 (b) of the Penal Code. He was convicted on his own plea of guilty and sentenced to serve five years imprisonment on 13th May, 2014. By a Notice of Motion dated 6th January, 2016, he sought a revision of the sentence by pleading with the court to substitute the custodial sentence with a noncustodial sentence. After this court called for the original record of proceedings, a revision file, H.C. Revision No. 302 of 2016 was availed. I confirmed that the Applicant had filed a similar application in that file and the same was disposed by Hon. Kimaru, J on 18 th January, 2017. The custodial sentence was substituted with a non-custodial sentence of CSO. This application is thus overtaken by events and I strike out accordingly. Dated and delivered at Nairobi This 8th November, 2017. G.W.NGENYE-MACHARIA JUDGE In the presence of; 1. Applicant absent 2. M/s Nyauncho for the Respondent.
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