Case ID:162465

Alex Kyalo Mutua v Republic [2020] eKLR

Case Metadata

Case Number:

Petition 2 of 2020

Parties:

Alex Kyalo Mutua v Republic

Date Delivered:

30 Jul 2020

Case Class:

Criminal

Court:

High Court at Meru

Case Action:

Ruling

Judge(s):

Alfred Mabeya

Citation:

Alex Kyalo Mutua v Republic [2020] eKLR

Court Division:

Criminal

County:

Meru

Case Outcome:

Petition dismissed

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

PETITION NO. 2 OF 2020

ALEX KYALO MUTUA ….…………………………. PETITIONER

VERSUS

REPUBLIC ………………………………………….. RESPONDENT

R U L I N G

1.

Alex Kyalo Mutua

(“the petitioner”) was charged with the offence of defilement contrary to

Section 8 (1)

as read with

section 8 (2) of the Sexual Offences Act.

He was found guilty of the offence before the trial court and sentenced to twenty (20) years imprisonment.

2. He appealed against the aforesaid decision in Criminal Appeal No. 160 OF 2017 which was dismissed.

3. Vide a petition filed on 17/2/2020, the petitioner prays this court to commute the sentence and take into account that the time he had previously spent in custody. He cites the case of

Yawa Nyale v Republic [2018] eklr, Daniel Otieno Yugi v Republic Cr. Appl No. 8 of 2015-Machakos, Ahamad Abolfathi Mohammed & Another v Republic [2018]eklr

in support of his petition.

4. The Respondent did not oppose the application.

5. Resentencing have been as a result of the Supreme Court’s decision in

Francis Karioko Muruatetu & Another v Republic [2017] eKLR

where the court held the mandatory nature of the death sentence to be unconstitutional.

6. The principles set out in

Francis Muruatetu’s case (supra)

as read together with

Section 364 (5) of the Criminal Procedure Code

limits the jurisdiction of this court to instances of resentencing only when the party has exhausted his chances of appeal. Only then that a petitioner can seek resentencing in instances set out in the Muruatetu case. That is not the case in this petition.

7. To the extent that the petitioner has not exhausted his appellate rights, the petition is premature and is therefore dismissed.

DATED and DELIVERED at Meru this 30

th

day of July, 2020.

A. MABEYA

JUDGE