[2017] KEHC 251 (KLR)
The court found that the applicant failed to present any new or compelling evidence as required under Article 50(2)(6)(7)(8) of the Constitution. The alleged affidavit by the complainant, which was the basis of the petition, was neither filed nor available in the court record. As a result, there was no basis for the...
Source-derived case information.
- Citation
- [2017] KEHC 251 (KLR)
- Parties
- Applicant: Elias Muriera; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 29 of 2014
- Procedural Posture
- Criminal Application / Ruling on Constitutional Petition After Conviction and Appeals
- Outcome
- petition dismissed
- Legal Topics
- Right to Fair Trial, Fresh Evidence, Post Conviction Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elias Muriera
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Ruling on Constitutional Petition After Conviction and Appeals
Legal Issues
- 1 Whether the applicant has presented new and compelling evidence to warrant a review of conviction and sentence under Article 50(2)(6)(7)(8) of the Constitution.
- 2 Whether the petition meets the threshold for post-conviction constitutional relief.
Ratio Decidendi
The court found that the applicant failed to present any new or compelling evidence as required under Article 50(2)(6)(7)(8) of the Constitution. The alleged affidavit by the complainant, which was the basis of the petition, was neither filed nor available in the court record. As a result, there was no basis for the court to invoke its jurisdiction to review the conviction and sentence. The petition was therefore dismissed for lack of merit.
Court Disposition
petition dismissed
Orders
- The petition is dismissed.
- No new evidence having been presented, the conviction and sentence remain undisturbed.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT KENYA AT MERU
CRIMINAL NO. 29 OF 2014
ELIAS MURIERA..............................APPLICANT
VS
REPUBLIC......................................RESPONDENT
RULING
The Petitioner herein pursuant to Article 50(2) (6) (7) and (8) of the constitution filed this petition on 26. 8.2014. He said on the date of hearing that he wished to rely on an affidavit that was sworn and filed by the complainant. He however didn’t have the affidavit and none was filed in court file.
The prosecuting counsel in opposing the petition said petitioner was convicted in Meru Chief Magistrates Criminal Case No. 810 of 2009 wherein he was sentenced to serve 21 years imprisonment. On appeal in the H.C.CR. A. No. 231 of 2009 and in the court of Appeal CR. A. No. 70 of 2013 both appeals were dismissed and the trial magistrates conviction and sentence upheld.
This court does not find any new evidence upon which to rely and invoke the provisions of Article 50(2)(6)(7) and (8). The Petition is therefore dismissed.
HON. A.ONG’INJO
JUDGE
19. 12. 2017
Before Adwera J
Penina – Court Assistant
Mr Kinyua for state
Applicant – Present in person
Court
Ruling Delivered, Dated and Signed in Court.
HON. A.ONG’INJO
JUDGE