REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KITUI CRIMINAL MISC. APPLICATION NO. 21 OF 2019 BONIFACE MUTUA WAMBUA........APPLICANT VERSUS REPUBLIC........................................RESPONDENT RULING 1. Boniface Mutua Wambua, the Applicant was arraigned in Court for the offence of Defilement contrary to Section 8(1) as read with Section 8(4) of the Sexual Offences Act. He was convicted and sentenced to 20 years imprisonment. He appealed against the decision of the first instance Court. This Court considered the Appeal, confirmed the conviction but set aside the sentence imposed and substituted it with fifteen (15) years imprisonment. Aggrieved, the Appellant filed a second Appeal to the Court of Appeal, a matter that is pending hearing. 2. By way of Chamber Summons dated 19th March, 2019 he now seeks an order that the twenty (20) years imprisonment meted out by the trial Court do commence from the date of his arrest. 3. This Court became functus officio after pronouncing the sentence of fifteen (15) years imprisonment that was to run from the date of conviction by the trial Court. This Courts mandate having expired, it cannot usurp the jurisdiction of the Court of Appeal. 4. Therefore, the Application is dismissed. 5. It is so ordered. Dated, Signed and Delivered at Kitui this 19th day of June, 2019. L. N. MUTENDE JUDGE
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