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|Case Number:||Criminal Petition 6 of 2019|
|Parties:||Charles Waweru Maina v Republic|
|Date Delivered:||15 Dec 2021|
|Court:||High Court at Kerugoya|
|Judge(s):||Janet Nzilani Mulwa|
|Citation:||Charles Waweru Maina v Republic  eKLR|
|Case History:||(From original conviction and sentence in Criminal Case No. 294 of 2012 of the Principal Magistrate’s Court at Baricho)|
|History Docket No:||Criminal Case 294 of 2012|
|Case Outcome:||Petition dismissed|
|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 AT KERUGOYA
CRIMINAL PETITION NO. 6 OF 2019
(From original conviction and sentence in Criminal Case
No. 294 of 2012 of the Principal Magistrate’s Court at Baricho)
CHARLES WAWERU MAINA............PETITIONER
1. The Petitioner was charged convicted and sentenced to serve 20 years imprisonment for the offence of Defilement on the 27.9.2012.
2. He exhausted his Appeal options to this court and the Court of Appeal vide Court of Appeal Criminal Appeal 11 of 2014 which was dismissed on the 3.2.2016.
He has filed this petition pursuant to the “Muruatetu” decision for re-sentence hearing.
Prior to the 6.7.2021, the “Muruatetu” decision was applied for re-sentence hearing in other offences that carry mandatory minimum sentences.
3. On the 6.7.2021, the Supreme Court, further to its judgment in the “Muruatetu” decision gave policy guidelines and directions on the applicability of the decision in the “Muruatetu” case rendered on the 14.12.17, that applications for re-sentence hearing based on the “Muruatetu” decision for any other offence save for Murder under Section 203 and 204 of the Penal Code shall not be entertained, and that the said guidelines apply only to sentences of the offence of Murder Contrary to Section 203 and 204 of the Penal Code.
4. Consequently, this petition cannot be entertained. It is dismissed.
DATED AND SIGNED THIS…….……DAY OF…………,2021
J. N. MULWA
DATED AND DELIVERED AT KERUGOYA THIS 15TH DAY OF DECEMBER 2021
R. M. MWONGO