Mwai v Republic [2025] KEHC 4277 (KLR)

Mwai v Republic (Criminal Petition E012 of 2023) [2025] KEHC 4277 (KLR) (3 April 2025) (Ruling)

Neutral citation: [2025] KEHC 4277 (KLR)

Republic of Kenya

In the High Court at Kerugoya

Criminal Petition E012 of 2023

EM Muriithi, J

April 3, 2025

Between

James Kariuki Mwai

Petitioner

and

Republic

Respondent

Ruling

1. The petitioner filed a petition seeking re-sentencing to reduce his life imprisonment sentence. The petitioner was charged with the offence of defilement Contrary to Section 8(1)(2) of the Sexual Offences Act No 3 of 2006. The particulars of the offence are that on the 1st and 2nd day of January, 2013 at [Particularrs Withheld] in Kirinyaga West District within Kirinyaga County intentionally and unlawfully caused his penis to penetrate the vagina of S.W.W., a child aged 7 years.

2. The petitioner was convicted and sentenced to life imprisonment on 20th June, 2014. He appealed vide Criminal Appeal No 31 of 2014 at Kerugoya High Court was dismissed. His appeal to Nyeri Court of Appeal under Court of Appeal Criminal Appeal No 125 of 2017 which was also dismissed.

3. The petitioner now moves this Court for resentencing. The applicant relies on his Petition and Supporting Affidavit sworn on 7/9/2023, while the DPP has filed submissions in response supporting the re-sentencing in discretion of the Court.

4. The Court considers it crucial that it should peruse the trial court file in Baricho Principal magistrate’s Court Criminal Case NO. 24 of 2013 from which the two appeals to the two higher courts arose. The High Court file exists merely as a skeleton file in which the proceedings on appeal and the High Court (Gitari J.) judgment of 28/7/2017 are contained.

5. For the purpose of full consideration of this matter where the applicant is not represented by Counsel, the Court has directed that the trial court record of the proceedings in Baricho Principal magistrate’s Court Criminal Case NO. 24 of 2013be availed, and the ruling on resentencing is, consequently, reset for 30/4/2025.

Orders accordingly.

DATED AND DELIVERED THIS 3RDDAY OF APRIL 2025. EDWARD M. MURIITHIJUDGEAppearances:Mr. Mamba for DPP.Applicant in person.