Man serving life seeks retrial as appeals window shuts

A man serving life sentence will wait till February 4, next year to know whether he will go for retrial after exhausting all the possible appeals provided in the Constitution.

Justice Jessi Njagi was expected to give a ruling on whether the man convicted for defiling and infecting a minor with HIV could have his case heard afresh.

Justice Njagi indicated that the ruling was not ready and that the complainant would have to wait a little longer.

Alexander Likoye Malika was on March 20, 2009 convicted and sentenced to life imprisonment after he pleaded guilty to defiling a seven-year-old girl on diverse dates between October and November 2008 at Khisiku village in Butere sub-county.

Transmitted HIV

Medical documents produced in the trial court showed the accused had transmitted HIV and other Sexually Transmitted Infections to the Class One child.

Dissatisfied with the sentence, he appealed at the High Court and later at the Court of Appeal, but both cases were dismissed and the sentence upheld.

In an application supported by an affidavit, Likoye told the High Court he has explored all possible avenues for freedom in vain.

In his affidavit, Likoye said he had exhausted appeals at High Court and Court of Appeal and prayed that court be pleased to order a retrial.

“I was not given a fair trial since the scientific experts were not called to testify and DNA tests were not extracted from me to confirm that I am the one who committed the offence. I, therefore, beg for a retrial,” said the petitioner.

Justice Njagi will deliver a ruling on February 4.