Benson Mutuku Katiwa v Republic

Katiwa v Republic (Miscellaneous Criminal Application E069 of 2023) [2024] KEHC 571 (KLR) (26 January 2024) (Ruling) Neutral citation: [2024] KEHC 571 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MOMBASA MISCELLANEOUS CRIMINAL APPLICATION E069 OF 2023 ACA ONG’INJO, J JANUARY 26, 2024 BETWEEN BENSON MUTUKU KATIWA ............................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING Application 1. The applicant Benson Mutuku Katiwa was arraigned in court on 31.8.2018 and charged in Mombasa Chief Magistrate’s Court Criminal Case No. 63 of 2018 with the ofience of attempted defilement contrary to section 9 (1) of the Sexual Offences Act No. 3 of 2006. 2. The applicant was convicted and sentenced to serve 10 years imprisonment on 27.7.2021 but the sentence was to run from 31.8.2018. 3. In his application for resentencing, the applicant sought that this court considers placing him on noncustodial sentence for the remainder of the period of his sentence. 4. The Sentence Review Report has been considered but upon perusal of the proceedings in Sexual Ofience Case No. 63 of 2018, this court finds that the applicant who preyed on a 3 ½ year old child and was caught attempting to defile her should complete serving his sentence. DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS, THIS 26TH DAY OF JANUARY 2024 HON. LADY JUSTICE A. ONG’INJO JUDGE In the presence of: - https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/571/eng@2024-01-26 1

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