Musewe v Republic [2022] KEHC 13838 (KLR)

Musewe v Republic (Criminal Petition E013 of 2022) [2022] KEHC 13838 (KLR) (5 October 2022) (Judgment)

Neutral citation: [2022] KEHC 13838 (KLR)

Republic of Kenya

In the High Court at Siaya

Criminal Petition E013 of 2022

RE Aburili, J

October 5, 2022

Between

Stephen Musewe

Petitioner

and

Republic

Respondent

(Being a Petition arising from Judgment, conviction and sentence in the Senior Resident Magistrate’s court at Ukwala in Sexual Offence Case No. 365/2014 by Hon. C.N. Wanyama on 1. 10. 2016, Senior Resident Magistrate AND in Siaya HCRA No. 29/2016 on 19. 11. 2018)

Judgment

1. The petitioner is Stephen Musewe. He was convicted of the offence of defilement contrary to section 8(1) as read with section 8(3) of the Sexual Offences Act and sentenced to serve 20 years imprisonment vide Ukwala SRM Sexual Offences Case No 365/2014 on October 1, 2016. He appealed to this court and vide HCRA 29/2016, this court heard him and rendered judgment on November 19, 2018 where the appeal against conviction was dismissed.

2. The petitioner has not annexed any documents to his petition to support his assertions in the unsworn petition. I find no material to support the petition for resentencing. It is hereby dismissed. The petitioner may file a supported petition for consideration.

3. File closed.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 5TH DAY OF OCTOBER, 2022R.E. ABURILIJUDGE