State v Thomas Ng'oriamock

State v Ng'oriamock (Criminal Petition E004 of 2024) [2024] KEHC 14432 (KLR) (19 November 2024) (Ruling) Neutral citation: [2024] KEHC 14432 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KAPENGURIA CRIMINAL PETITION E004 OF 2024 RPV WENDOH, J NOVEMBER 19, 2024 BETWEEN STATE .................................................................................................... PROSECUTOR AND THOMAS NG'ORIAMOCK ........................................................................ ACCUSED RULING 1. The Applicant herein, Thomas Ng’oriamok filed an undated chamber summons on 23/2/2024 seeking an order of review of his sentence to include the time he spent in the remand. He told the court that he was convicted for ofience of defilement and sentenced to 20 years imprisonment; that his appeal to the High court was dismissed and he now seeks review. The prosecution counsel, Mr. Majale, opposed the application on grounds that the Applicant has appealed to the Court of Appeal and his appeal is still pending; that the High Court has already determined the appeal and has no jurisdiction to revisit the matter. 2. This matter having been on appeal by the High Court, this court is functus oficio. It cannot hear an application for review. The Applicant’s Appeal is pending before the Court of Appeal and he should, on the issue of the period spend in remand in that court. The application lacks merit and is an abuse of the court process and is hereby dismissed DELIVERED, DATED AND SIGNED AT KAPENGURIA THIS 19TH DAY OF NOVEMBER, 2024. R. WENDOH JUDGE Ruling delivered in open Court and in the presence of: State Counsel: Mr. Majale https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/14432/eng@2024-11-19 1

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