Joseph Wambia Maero v Republic

Maero v Republic (Miscellaneous Criminal Application E079 of 2024) [2024] KEHC 11910 (KLR) (27 September 2024) (Ruling) Neutral citation: [2024] KEHC 11910 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT SIAYA MISCELLANEOUS CRIMINAL APPLICATION E079 OF 2024 RE ABURILI, J SEPTEMBER 27, 2024 BETWEEN JOSEPH WAMBIA MAERO .................................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT (Being an Application for review of Conviction and sentence from of Siaya SPM’s vide Criminal Case No. 590 of 2013 delivered by Hon. J. N. Sani, (SRM) dated 5/3/2014) RULING 1. The Applicant is Joseph Wambia Maero. He was convicted and sentenced to serve 30 years imprisonment vide Siaya SPM SO 590/2013 for the ofience of defilement contrary to Section 8(1) as read with Section 8 (3) of the Sexual Offences Act. 2. He appealed vide Kisumu HCRA 86/2014 as there was no High Court in Siaya. 3. From the trial court record availed, the convict initially pleaded not guilty to the charge but after 4 key witnesses had testified, he requested to change plea to that of guilty and that was done. 4. He was convicted and sentenced on 5/3/2014. On appeal he challenged the plea of guilty and asked for a retrial sentence reduction vide judgment dated 12/5/2016, the appeal against conviction was dismissed. The 30 years imprisonment was set aside and substituted with 20 years imprisonment to run from 5/3/2014. 5. In his application dated/filed on 30/7/2024, he prays that the period spent in custody be taken into account. 6. The High Court on appeal in HCRA 46/2015 having set the date when the sentence ought to start running, I have no jurisdiction to set aside that order. https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/11910/eng@2024-09-27 1

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