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Mate v Republic (Petition E018 of 2022) [2022] KEHC 16240 (KLR) (15 December 2022) (Judgment)
Neutral citation:
[2022] KEHC 16240 (KLR)
Republic of Kenya
Petition E018 of 2022
TW Cherere, J
December 15, 2022
Between
Jeremiah Muroki Mate
Petitioner
and
Republic
Respondent
Judgment
1.Petitioner was convicted for the offence of defilement contrary to section 8(1) as read with section 8 (2) of the Sexual Offences Act and was sentenced to 20 years’ imprisonment.
2.In his appeal Meru CR Appeal No 68 of 2012 which was dismissed on April 27, 2021, and he did not appeal to the Court of Appeal. At the appeal, he did not raise the issue concerning the time he spent custody. The state through Ms Mwaniki (PPC) opposed the application on the ground that petitioner has not appealed to the Court of Appeal.
3.I agree with the respondent that applicant ought to have raised the issue he now raises when the appeal was heard. Since this court cannot sit on appeal in the judgment of another judge, this petition is declined.
DELIVERED AT MERU THIS 15THDAY OF DECEMBER, 2022.WAMAE TW CHEREREJUDGEAppearancesCourt Assistant - KinotiPetitioner - Present in personFor the State - Ms Mwaniki (PPC)
