1/17/2024 0 Comments Alfred application40 of 2019 and wherein he sought resentencing in Embu High Court Criminal Appeal No. The respondent proceeded to file a Constitution Petition No. 48 of 2007 and which appeal was dismissed in the judgment delivered by J.N. He was convicted for the said offence and after which he appealed to this court in Embu High Court Criminal Appeal No. 3,050/- and at, immediately before or after the time of robbery wounded Sammy Munyi Duncan. 431 of 2005, the particulars of the offence being that on the 7 th day of December 200 at Gitare sub-location in Embu District within Eastern Province being armed with an offensive weapon namely a metal bar robbed Sammy Munyi Duncan Kshs. The respondent was also charged with the offence of robbery with violence in Embu Chief Magistrate’s Court Criminal Case No. 49 of 2007 and which appeal was dismissed in the judgment delivered by J.N. The respondent was convicted and appealed in Embu High Court Criminal Appeal No. 16,000/- and at, immediately before or immediately after the time of the robbery struck the said Yunis Njeri Njeru. 6,000/-, 8 packets of cigarette, toothpaste and coins worth Kshs. The facts of the case being that on at Gatumbi village Kyeni North Location in Embu District within Eastern Province jointly while being armed with offensive weapons namely pangas, axes and toy pistols robbed Yunis Njeri Njeru Kshs. 429 of 2005 and wherein he was charged with other two accused persons. I have noted the issue raised in the application and further perused the court record and I note that indeed the respondent herein was charged with the offence of robbery with violence in Embu Chief Magistrate’s Criminal Case No. I have considered the application herein and the submissions made by the parties.Ħ. 40 of 2019 and that they were all consolidated.ĥ. The respondent made oral submissions to the effect that he indeed filed petition number 8 of 2019 and petition No. Mati for the applicant reiterated the contents of the supporting affidavit. However, during the hearing of Petition 9 of 2020, the Counsel for the applicant erroneously submitted that the prayers that the respondent was seeking had been granted in Petition 8 of 2019 and thus the petition was res judicata and thus the court dismissed the said petition based on the said erroneous submissions.Ĥ. That in a ruling delivered on, the court allowed Petition 8 of 2019 and reduced the sentence to a prison term of 25 years from the date of sentencing. 8 of 2007 respectively and which appeals were dismissed prompting the respondent to file separate constitutional petitions to wit HC Petition No. 431 of 2007 and after which he filed appeals against convictions in the two files being HCCR Appeal No. The applicant’s case is that the respondent herein was originally charged and convicted for the offence of robbery with violence in Criminal Case No. 44 of 2020 with the view of correcting an error apparent on the face of the record relating to the applicant’s submissions in reply to the said petition that this Honourable Court be pleased to allow the parties to make fresh submissions in respect of the said petition 44 of 2020 and that this court do give further orders as it may deem fit in the circumstances.Ģ. Before this court is an application dated filed by the Director of Public Prosecution and which seeks for orders that this court be pleased to call for the records in High Court Petition No. E006 OF 2021ĭIRECTOR OF PUBLIC PROSECUTION.APPLICANTĪLFRED MUSILA.RESPONDENTġ.
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