[2021] KEHC 2553 (KLR)
The court held that the Supreme Court's reasoning in the Muruatetu case is limited to mandatory death sentences and does not extend to the offence of incest, for which the applicant was convicted. Therefore, the application for re-sentencing is misconceived and must be dismissed. The applicant retains the right to...
Source-derived case information.
- Citation
- [2021] KEHC 2553 (KLR)
- Parties
- Applicant: Alex Kioko Kikuvu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E018 of 2020
- Procedural Posture
- Criminal Revision / Ruling on Application for Re Sentencing
- Outcome
- application dismissed
- Judges
- GMA Dulu
- Legal Topics
- Incest Conviction, Re Sentencing Application, Mandatory Sentencing, Supreme Court Guidance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alex Kioko Kikuvu
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Re Sentencing
Legal Issues
- 1 Whether the Supreme Court decision in Francis Muruatetu v Republic applies to the applicant's conviction and sentence for incest.
- 2 Whether the applicant is entitled to re-sentencing based on the Muruatetu decision.
Ratio Decidendi
The court held that the Supreme Court's reasoning in the Muruatetu case is limited to mandatory death sentences and does not extend to the offence of incest, for which the applicant was convicted. Therefore, the application for re-sentencing is misconceived and must be dismissed. The applicant retains the right to appeal the conviction or sentence through the appropriate legal channels if dissatisfied.
Court Disposition
application dismissed
Orders
- The application for review of sentence is dismissed.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MAKUENI
HCCR REV. NO. E018 OF 2020
ALEX KIOKO KIKUVI................................................................. APPLICANT
VERSUS
REPUBLIC....................................................................................RESPONDENT
RULING
1. Before me is a Chamber Summons filed by the applicant for re-sentencing, based on the Supreme Court reasoning in the case of Francis Muruatetu –vs- Republic Petition No. 15 of 2015.
2. It is supported by an affidavit sworn by the applicant in which he states that he was convicted of incest in Makueni magistrate’s criminal case No. 456 of 2016.
3. The application is opposed by the Director of Public Prosecutions through an affidavit sworn on 12th July 2021 by Anne Penny Gakumu, Senior Principal Prosecuting Counsel.
4. The applicant also filed written submissions in support of his application.
5. Having considered the application and noting that the reasoning in the Supreme Court decision in the Muruatetu case relates only to mandatory death sentences, I am of the view that this application is misconceived and is for dismissal. The applicant can of course appeal in accordance with the law if he is dissatisfied with either the conviction or the sentence of the trial magistrate or both.
6. As for the application for review of sentence herein, the same is dismissed.
DELIVERED, SIGNED & DATED THIS 4TH DAY OF NOVEMBER 2021, IN OPEN COURT AT MAKUENI.
...............................
GEORGE DULU
JUDGE