John Marete v Republic [2017] KEHC 5231 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

MISCELLENIOUS CRIMINAL APPLICATION NO. 28 OF 2017

JOHN MARETE........................APPLICANT

VERSUS

REPUBLIC............................RESPONDENT

RULING

I have considered the application and the grounds thereof.  I note that the Applicant had been promised by his relatives that they will lodge an appeal on his behalf which never came to pass.  I am aware that there has been a terrible delay of three (3) years in bringing the current application.

However, I note that the State is not opposed to the Applicant getting a second chance in having his case considered.  Further, the nature of the sentence (life) warrant the Applicant being accorded a second chance.

Accordingly, I allow the application as prayed.  Let the Petition of Appeal be served upon the Director of Public Prosecutions (DPP) forthwith as it is deemed as filed within time.

A criminal case file be for the Applicant’s Appeal and this file be closed.

DATED at MERU this 18THday of MAY, 2017.

A. MABEYA

JUDGE

18/05/2017