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
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