Mwiti v Director of Public Prosecution [2024] KEHC 6463 (KLR)

Mwiti v Director of Public Prosecution (Petition E006 of 2024) [2024] KEHC 6463 (KLR) (30 May 2024) (Judgment)

Neutral citation: [2024] KEHC 6463 (KLR)

Republic of Kenya

In the High Court at Meru

Petition E006 of 2024

TW Cherere, J

May 30, 2024

Between

Gerison Mwiti

Petitioner

and

Director Of Public Prosecution

Respondent

Judgment

1. Petitioner was sentenced in Nkubu PM CR. Case No. 19 of 2020 to serve life imprisonment for the offence of defilement contrary to section 8(1) as read with Section 8(2) of the Sexual Offences. His appeal to the High Court vide Gerishon Mwiti v Republic [2022] eKLR was unsuccessful.

2. Petitioner prays for resentence on the ground that the life imprisonment is indeterminate and unconstitutional.

3. Ms. Rotich for the Respondent proposed that Petitioner be resentenced to 30 years’ imprisonment.

4. The Court of Appeal in Julius Kitsao Manyeso v Republic [2020] eKLR has held that imposition of a mandatory indeterminate life sentence, is an unjustifiable discrimination, unfair and repugnant to the principle of equality before the law under Article 27 of theConstitution.

5. In Egrone v Republic (Criminal Appeal 86 of 2019) [2024] KECA 206 (KLR) (29 February 2024) (Judgment), the Court of Appeal resentenced the Appellant to 15 years for a similar offence as the one petitioner was convicted of.

6. Having considered the petition, the life sentence imposed on the Petitioner is substituted with fifteen (15) years imprisonment from 30th May, 2020 when he was arrested.

DELIVERED AT MERU THIS 30th DAY OF May 2024WAMAE. T. W. CHEREREJUDGEAppearancesCourt Assistants - Kinoti/MunenePetitioner - Present in personFor the DPP - Ms.Rotich ( PC-1)