REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CRIMINAL DIVISION MISCELLANEOUS CRIMINAL APPLICATION NO. E228 OF 2020 JOHN MAINA MACHARIA............................................................APPLICANT VERSUS REPUBLIC......................................................................................RESPONDENT RULING John Maina Macharia the Applicant is a convict for the offence of robbery with violence contrary to Section 296(2) of the Penal Code. He has exhausted all the processes of appeal. He is therefore seeking an order from this court directing the Lower Court (Makadara) to hear him on resentencing in accordance with the decision in Francis Karioko Muruatetu v R [2017] eKLR. I have had a chance to read the directions in operation in this Division on resentencing in respect to the Muruatetu decision. The Applicant had orally requested this court to do the resentencing. deal with the matter, at the moment. Besides his application there is no other document to enable this court I therefore as per the operating directions order that the Makadara Chief Magistrate’s Criminal Case No. 6078 of 2003 be placed before a Magistrate with competent jurisdiction before that court for mitigation by the Applicant before resentencing. The Applicant to be arraigned before the said court on 14 th December 2020. Orders accordingly. Delivered, signed and dated in open court at Nairobi this 26th day of November, 2020. H. I. ONG’UDI JUDGE
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