Benard Kimani Nthusa v Republic

Nthusa v Republic (Criminal Revision E022 of 2025) [2025] KEHC 10394 (KLR) (15 July 2025) (Ruling) Neutral citation: [2025] KEHC 10394 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MACHAKOS CRIMINAL REVISION E022 OF 2025 EN MAINA, J JULY 15, 2025 BETWEEN BENARD KIMANI NTHUSA ................................................................ APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. This is an application for a non-custodial sentence which in my view is not merited for several reasons; 2. Firstly, the Applicant appealed to this very court although differently constituted and was heard and his sentence was reduced. That being a court of con-current jurisdiction, this court has no power to review its sentence/judgment. The Applicant can only appeal. 3. Secondly, the Community Service Orders Act is applied only to non-serious offences but the Applicant was charged with a sexual offence and he does not therefore qualify for a non-custodial sentence under that Act. 4. Thirdly, the application is not made in good faith but is intended for the Applicant to avoid the consequences of his conduct. His appeal was concluded in 2017, or so he says, and he has not served much of his sentence given that the time he was in remand custody, if any, will also be counted. In the premises, the application is not merited and it is dismissed. RULING SIGNED, DATED AND DELIVERED IN COURT VIRTUALLY THIS 15TH JULY, 2025. E.N. MAINA JUDGE In the presence of: Ms Nyauncho for the state https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/10394/eng@2025-07-15 1

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