Case ID:169642
Parties: None
Date Delivered: None
Case Type: None
Court: None
Judges: None
Citation: None
Robert Ndungu Gitau v Republic [2021] eKLR
Case Metadata
Case Number:
Criminal Revision 409 of 2010
Parties:
Robert Ndungu Gitau v Republic
Date Delivered:
03 Feb 2021
Case Class:
Criminal
Court:
High Court at Nairobi (Milimani Law Courts)
Case Action:
Ruling
Judge(s):
Daniel Ogola Ogembo
Citation:
Robert Ndungu Gitau v Republic [2021] eKLR
Case History:
(Originating from Kibera Criminal Case No. 2637 of 2008 and Court of Appeal No. 47 of 2015)
Court Division:
Criminal
County:
Nairobi
History Docket No:
Criminal Case No. 2637 of 2008 and Court of Appeal No. 47 of 2015
History County:
Nairobi
Disclaimer:
The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL REVISION CASE NO.
409 OF 2010
(Originating from Kibera Criminal Case No. 2637 Of 2008 And Court of Appeal No. 47 Of 2015)
ROBERT NDUNGU GITAU..............................APPELLANT
VERSUS
REPUBLIC....................................................RESPONDENT
RULING:
I have considered the inquiry made by the Officer in Charge, Kamiti Medium Prison dated 27.1.2021.
The sentence herein was enhanced by the Judgment of the Hon. Lady Justice Mary M. Gitumbi, on 15.11.2013. On appeal to the Court of Appeal, the Court of Appeal referred the matter back to the High Court only for determination of the issue of sentence (Ruling of 29.9.2015).
Following the order of the Court of Appeal, the matter came up before Justice Ngenye on 18.10.2016. The court clearly informed the applicant that the mandatory sentence would still be 20 years. The appellant then withdrew his appeal entirely. He could only withdraw the appeal on sentence as ordered by the court. The consequence of this is that the order sentencing him to 20 years imprison on 15.11.2013 was reconfirmed.
The subject convict (former convict) herein is therefore to serve a sentence of 20 years’ imprisonment. The same to run from the date of the original conviction on 15.10.2013. I so order.
HON. D. O. OGEMBO
JUDGE
3.2.2021.