[2021] KEHC 902 (KLR)
The court found that the applicant's petition was so vague that it was impossible to discern the reliefs sought or the grounds upon which the application was based. The court further clarified that the Supreme Court's decision in Muruatetu is limited to mandatory sentences for murder under section 204 of the Penal...
Source-derived case information.
- Citation
- [2021] KEHC 902 (KLR)
- Parties
- Applicant: Benard Makachia Litokho; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 57 of 2020
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Directions and Closure of File
- Outcome
- petition dismissed without consideration on merits; file closed
- Judges
- DN Musyoka
- Legal Topics
- Mandatory Sentencing, Muruatetu Jurisprudence, Vagueness of Petition
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benard Makachia Litokho
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Directions and Closure of File
Legal Issues
- 1 Whether the petition filed by the applicant is sufficiently clear to warrant consideration by the court.
- 2 Whether the Supreme Court decision in Muruatetu applies to the applicant's case.
Ratio Decidendi
The court found that the applicant's petition was so vague that it was impossible to discern the reliefs sought or the grounds upon which the application was based. The court further clarified that the Supreme Court's decision in Muruatetu is limited to mandatory sentences for murder under section 204 of the Penal Code and does not extend to other offences. As the applicant failed to comply with the Deputy Registrar's advice to file a clearer petition, there was no basis to keep the file open. The court therefore ordered the closure of the file, with liberty to the applicant to file a fresh, properly articulated petition if so minded.
Court Disposition
petition dismissed without consideration on merits; file closed
Orders
- The instant file is to be closed.
- Should the applicant file a fresh petition, a new file shall be opened.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KAKAMEGA
MISCELLANEOUS CRIMINAL APPLICATION NO. 57 OF 2020
BENARD MAKACHIA LITOKHO....................................................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 petition herein, undated, was filed herein on 17th November 2020. The same is so vague, that one cannot make out, from both the Motion and the affidavit sworn in support of it, what the applicant seeks. The matter was placed before the Deputy Registrar on 24th August 2021, who advised that the applicant ought to file a clearer petition.
3. It would serve no purpose to keep the file open. Should the applicant be minded to file a fresh petition, as advised on 24th August 2021, a fresh file shall be opened. In the meantime, the instant file is to be closed.
4. The Deputy Registrar shall cause copies of this ruling to be availed to the applicant and the office of Director of Public Prosecutions, Kakamega.
DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS 20th DAY OF December 2021
W MUSYOKA
JUDGE