Case ID:167000

John Maina Macharia v Republic [2020] eKLR

Case Metadata

Case Number:

Miscellaneous Criminal Application E228 of 2020

Parties:

John Maina Macharia v Republic

Date Delivered:

26 Nov 2020

Case Class:

Criminal

Court:

High Court at Nairobi (Milimani Law Courts)

Case Action:

Ruling

Judge(s):

Hedwig Imbosa Ong'udi

Citation:

John Maina Macharia v Republic [2020] eKLR

Court Division:

Criminal

County:

Nairobi

Case Outcome:

Application allowed.

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 NAIROBI

CRIMINAL DIVISION

MISCELLANEOUS CRIMINAL APPLICATION NO. E228 OF 2020

JOHN MAINA MACHARIA............................................................APPLICANT

VERSUS

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

RULING

John Maina Macharia the Applicant is a convict for the offence of

robbery with violence

contrary to

Section 296(2)

of the

Penal Code.

He has exhausted all the processes of appeal. He is therefore seeking an order from this court directing the Lower Court

(Makadara)

to hear him on resentencing in accordance with the decision in

Francis Karioko Muruatetu v R [2017] eKLR.

I have had a chance to read the directions in operation in this Division on resentencing in respect to the

Muruatetu

decision.

The Applicant had orally requested this court to do the resentencing. Besides his application there is no other document to enable this court deal with the matter, at the moment.

I therefore as per the operating directions order that the

Makadara Chief Magistrate’s Criminal Case No. 6078 of 2003

be placed before a Magistrate with competent jurisdiction before that court for mitigation by the Applicant before resentencing.

The Applicant to be arraigned before the said court on 14

th

December 2020.

Orders accordingly.

Delivered, signed and dated in open court at Nairobi this 26

th

day of November, 2020.

H. I. ONG’UDI

JUDGE