Republic v Miriti (Criminal Revision E201 of 2025) [2025] KEHC 11751 (KLR) (6 August 2025) (Ruling) Neutral citation: [2025] KEHC 11751 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT ELDORET CRIMINAL REVISION E201 OF 2025 RN NYAKUNDI, J AUGUST 6, 2025 BETWEEN REPUBLIC ........................................................................................... PROSECUTION AND PIUS MUGENDI MIRITI ............................................................................ ACCUSED RULING 1. The background of this case are that Peter Mugendi Miriti (accused) was charged with the offence of defilement contrary to section 8(1) as read with section 8(4) of the sexual offences Act No. 3 of 2006. Particulars of the charge are that on diverse dates between 8th and 12th day of September, 2019 in [Particulars Withheld] in Kesses Sub County within Uasin Gishu County unlawfully and intentionally caused his penis to penetrate the vagina of EM a child aged 16 years. The offender and now convict went through a full trial before learned Magistrate Hon. Odenyo on which he was convicted of the offence which was a subject of sentencing contrary to section 8(4) of the Sexual Offences Act. As the record shows, Peter was sentenced to serve a term of 5 years’ imprisonment. 2. In this respect, the Applicant is notified that enhancement of sentence has been applied for by the State and accordingly he is invited to make submissions on 7th day of August 2025. 3. This ruling be served upon the convict forthwith as provided for under Article 47 of the constitution. GIVEN UNDER MY HAND AND SEAL OF THIS COURT AT ELDORET THIS 6TH AUGUST 2025 ……………………………….. R. NYAKUNDI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/11751/eng@2025-08-06 1
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