RULING
The applicant herein was charged and convicted of the offence of defilement under sections 8 (1) and 8 (2) of the sexual offences Act. He says he was convicted and sentenced to serve life imprisonment in the Thika CM Cr. Case (S.O) No.97 of 2017. He then appealed to Kiambu HCCRA No.44 of 2020 where the appeal court reduced the sentence to 20 years imprisonment. He says he filed an appeal in the court of appeal but does not wish to pursue it. The applicant now seeks for time spent in custody considered which the trial court failed to consider.
It is important to say that the Supreme court in its recent jurisprudence has ruled out offences of defilement from re sentencing.
As such, if this matter was to proceed for hearing, this applicant would fail or motivate the respondent to apply for reinstatement of life imprisonment sentence under the Supreme court jurisprudence.
I therefore find that this applicant for resentencing before a 2nd High Court is misconceived and improperly before the court.
It is hereby struck out with no orders as to costs.
GIVEN under my hand and seal of the Honourable Court this 19TH May 2025