[2022] KEHC 13838 (KLR)
The court found that the petitioner failed to annex any documents or provide material evidence to support his petition for resentencing. In the absence of such supporting material, the court held that there was no basis to reconsider the conviction or sentence, especially since the appeal against conviction had...
Source-derived case information.
- Citation
- [2022] KEHC 13838 (KLR)
- Parties
- Appellant: Stephen Musewe; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Petition E013 of 2022
- Procedural Posture
- Criminal Petition / Judgment
- Outcome
- petition dismissed
- Judges
- RE Aburili
- Legal Topics
- Defilement, Sexual Offences Act, Resentencing, Criminal Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Musewe
Appellant
Republic
Respondent
Procedural Posture
Criminal Petition / Judgment
Legal Issues
- 1 Whether the petitioner has provided sufficient material to support a petition for resentencing.
- 2 Whether the conviction and sentence should be reconsidered in light of the petitioner's submissions.
Ratio Decidendi
The court found that the petitioner failed to annex any documents or provide material evidence to support his petition for resentencing. In the absence of such supporting material, the court held that there was no basis to reconsider the conviction or sentence, especially since the appeal against conviction had already been dismissed. The petition was therefore dismissed, with the court indicating that a properly supported petition could be considered in the future.
Court Disposition
petition dismissed
Orders
- The petition for resentencing is dismissed.
- The petitioner may file a supported petition for consideration.
Full Case Text
Judgment text and source record
19 paragraphs
Musewe v Republic (Criminal Petition E013 of 2022) [2022] KEHC 13838 (KLR) (5 October 2022) (Judgment)
Neutral citation: [2022] KEHC 13838 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Petition E013 of 2022
RE Aburili, J
October 5, 2022
Between
Stephen Musewe
Petitioner
and
Republic
Respondent
(Being a Petition arising from Judgment, conviction and sentence in the Senior Resident Magistrate’s court at Ukwala in Sexual Offence Case No. 365/2014 by Hon. C.N. Wanyama on 1. 10. 2016, Senior Resident Magistrate AND in Siaya HCRA No. 29/2016 on 19. 11. 2018)
Judgment
1. The petitioner is Stephen Musewe. He was convicted of the offence of defilement contrary to section 8(1) as read with section 8(3) of the Sexual Offences Act and sentenced to serve 20 years imprisonment vide Ukwala SRM Sexual Offences Case No 365/2014 on October 1, 2016. He appealed to this court and vide HCRA 29/2016, this court heard him and rendered judgment on November 19, 2018 where the appeal against conviction was dismissed.
2. The petitioner has not annexed any documents to his petition to support his assertions in the unsworn petition. I find no material to support the petition for resentencing. It is hereby dismissed. The petitioner may file a supported petition for consideration.
3. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 5TH DAY OF OCTOBER, 2022R.E. ABURILIJUDGE