Thomas v Republic (Miscellaneous Criminal Application E028 of 2024) [2025] KEHC 8861 (KLR) (17 February 2025) (Ruling) Neutral citation: [2025] KEHC 8861 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT VOI MISCELLANEOUS CRIMINAL APPLICATION E028 OF 2024 AN ONGERI, J FEBRUARY 17, 2025 BETWEEN MORRIS MUTIE THOMAS ................................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The Applicant upon being told that sentences under the Sexual Offences Act (SOA) are mandatory and the same are not legible for non-custodial or Probation sentences has made an oral application to withdraw his application seeking probation sentence. 2. Since the Prosecuting Counsel has no objection, the oral application is allowed. 3. This application is marked as withdrawn and the file is closed. DATED, SIGNED AND DELIVERED THIS 17TH DAY OF FEBRUARY 2025 IN OPEN COURT AT VOI. ASENATH ONGERI JUDGE In the presence of:Court Assistant: Maina/Trizah/Millicent Prosecutor: Mr. Ngigi The Applicant present at Shimo la Tewa https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/8861/eng@2025-02-17 1
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