[2021] KEHC 2203 (KLR)
The court held that the Supreme Court's decision in Muruatetu is limited to mandatory sentences for murder and does not extend to robbery with violence under section 296(2) of the Penal Code. The applicant's request for sentence review is based on medical grounds, not on the Muruatetu precedent. The court directed...
Source-derived case information.
- Citation
- [2021] KEHC 2203 (KLR)
- Parties
- Applicant: Atnas Nandi Shitandi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 84 of 2019
- Procedural Posture
- Miscellaneous Criminal Application / Directions on Application for Sentence Review
- Outcome
- Mention for directions; no substantive orders on sentence review at this stage.
- Judges
- DN Musyoka
- Legal Topics
- Sentence Review, Robbery With Violence, Mandatory Sentences, Appellate Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Atnas Nandi Shitandi
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Directions on Application for Sentence Review
Legal Issues
- 1 Whether the applicant's sentence for robbery with violence can be reviewed on medical grounds.
- 2 Whether the Supreme Court's decision in Muruatetu applies to mandatory sentences for robbery with violence.
Ratio Decidendi
The court held that the Supreme Court's decision in Muruatetu is limited to mandatory sentences for murder and does not extend to robbery with violence under section 296(2) of the Penal Code. The applicant's request for sentence review is based on medical grounds, not on the Muruatetu precedent. The court directed that the matter be mentioned for further directions, with relevant reports to be prepared by the Probation and Prisons Services, and the file to be consolidated with the related appellate file.
Court Disposition
Mention for directions; no substantive orders on sentence review at this stage.
Orders
- Deputy Registrar to fix the matter for mention with notice to the applicant and the Director of Public Prosecutions.
- Deputy Registrar to consolidate this file with Kakamega HCCRA No. 119 of 2018.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KAKAMEGA
MISCELLANEOUS CRIMINAL APPLICATION NO. 84 OF 2019
ATNAS NANDI SHITANDI............................................................................................APPLICANT
VERSUS
REPUBLIC...................................................................................................................RESPONDENT
RULING
1. This matter was placed before me for the purpose of giving directions, in view of the recent decision by the Supreme Court in Francis Karioko Muruatetu & another vs. Republic; Katiba Institute & 5 others(Amicus Curiae[2021] (Koome CJ&P, Mwilu DCJ&VP, Ibrahim, Wanjala, Ndung’u & Lenaola SSJJ), with respect to mandatory sentences, where it was clarified that the decision, in Francis Karioko Muruatetu & another vs. Republic[2017] eKLR (Maraga CJ&P, Mwilu DCJ&VP, Ojwang, Wanjala, Njoki and Lenaola SCJJ), had arisen from proceedings relating to murder, under section 204 of the Penal Code, Cap 63, Laws of Kenya, and the position stated in the said decision was intended to apply only to mandatory sentences with respect to murder cases.
2. The application herein, the undated Motion filed herein on 7th February 2021, does not appear to be based on Francis Karioko Muruatetu & another vs. Republic[2017] eKLR (Maraga CJ&P, Mwilu DCJ&VP, Ojwang, Wanjala, Njoki and Lenaola SCJJ). The applicant had been convicted of robbery with violence, under section 296(2) of the Penal Code, in Kakamega CMCCRC Nos. 3920 of 2016, and was sentenced to thirty-three years imprisonment. He filed an appeal in Kakamega HCCRA No. 119 of 2018, and the appellate court reduced his sentence to fifteen years imprisonment. He is seeking review, not on the basis of Francis Karioko Muruatetu & another vs. Republic[2017] eKLR (Maraga CJ&P, Mwilu DCJ&VP, Ojwang, Wanjala, Njoki and Lenaola SCJJ), but medical grounds.
3. Let the Deputy Registrar cause the matter to be fixed for mention, with notice to the applicant and the Kakamega office of the Director of Public Prosecutions. The Deputy Registrar shall also cause this file to be put together with the file in Kakamega HCCRA No. 119 of 2018. The Kakamega County Probations and Aftercare Service and the Kenya Prisons Service shall prepare reports on the circumstances of the applicant. Directions on the disposal of the application shall be given at the mention. The Deputy Registrar, shall cause copies of this ruling to be availed to the applicant, the Kakamega office of Director of Public Prosecutions, Kakamega County Probation and Aftercare Services and the Kenya Prisons Service.
PREPARED, DATED AND SIGNED AT KAKAMEGA THIS 12TH DAY OF NOVEMBER 2021
W MUSYOKA
JUDGE