Gitonga v Republic [2022] KEHC 14710 (KLR)

Gitonga v Republic (Criminal Revision E174 of 2022) [2022] KEHC 14710 (KLR) (3 November 2022) (Ruling)

Neutral citation: [2022] KEHC 14710 (KLR)

Republic of Kenya

In the High Court at Meru

Criminal Revision E174 of 2022

TW Cherere, J

November 3, 2022

CORAM: CHERERE-J

Between

John Gitonga

Applicant

and

Republic

Respondent

Ruling

1. John Gitonga (applicant) was on October 25, 2012 convicted for defilement contrary to section 8 (1) as read with section 8 (3) of the Sexual Offences Act and behaving in a disorderly manner contrary to section 60 (1) of the Police Act. He was sentenced to twenty (20) years and one (1) year imprisonment.

2. I have considered the holding in the Supreme Court decision in Francis Karioki Muruatetu & Another v Republic & 5 others [2021] eKLR

3. Appellant was sentenced to the mandatory minimum sentence of 20 years. He neither appealed the conviction nor sentence.

4. For the foregoing reasons, I find that the applicant’s application for review of the sentence is merited. Accordingly, the 20-year sentence is reviewed to the period already served.

5. Applicant shall be set at liberty unless otherwise lawfully held.

DELIVERED AT MERU THIS 03 RD DAY OF NOVEMBER 2022WAMAE T W CHEREREJUDGEAppearancesCourt Assistant - KinotiApplicant - Present in personFor the state - Ms Mwaniki (PPC)