[2020] KEHC 2093 (KLR)
The court found that the applicant's sentence was imposed after the Supreme Court's Muruatetu decision and that the court was aware of and applied the relevant guidelines, including consideration of mitigating circumstances. The court determined that there was no compelling reason to allow the application for...
Source-derived case information.
- Citation
- [2020] KEHC 2093 (KLR)
- Parties
- Applicant: Bernard Kipkorir Cheruiyot; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Petition 9 of 2019
- Procedural Posture
- Constitutional Petition / Ruling on Resentencing Application
- Outcome
- Application for resentencing partially allowed; applicant sentenced to 15 years' imprisonment from the date of the ruling.
- Judges
- HK Chemitei
- Legal Topics
- Resentencing, Robbery With Violence, Mitigating Circumstances, Supreme Court Guidelines
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bernard Kipkorir Cheruiyot
Applicant
Republic
Respondent
Procedural Posture
Constitutional Petition / Ruling on Resentencing Application
Legal Issues
- 1 Whether the applicant is entitled to resentencing in light of the Supreme Court decision in Muruatetu.
- 2 Whether the original sentence was imposed in accordance with the law and after considering mitigating circumstances.
Ratio Decidendi
The court found that the applicant's sentence was imposed after the Supreme Court's Muruatetu decision and that the court was aware of and applied the relevant guidelines, including consideration of mitigating circumstances. The court determined that there was no compelling reason to allow the application for resentencing, as the applicant had already benefited from the post-Muruatetu legal framework. However, the court exercised its discretion to impose a determinate sentence, considering the gravity of the offence, and sentenced the applicant to 15 years' imprisonment from the date of the ruling.
Court Disposition
Application for resentencing partially allowed; applicant sentenced to 15 years' imprisonment from the date of the ruling.
Orders
- The applicant is sentenced to 15 years' imprisonment from 28th October 2020.
- The application for resentencing is otherwise dismissed.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KITALE
PETITION NO. 9 OF 2019
BERNARD KIPKORIR CHERUIYOT.....APPLICANT
VERSES
REPUBLIC............................................RESPONDENT
RULING
1. In his home-grown Petition, the Applicant who was convicted of the offence of robbery with violence and sentence to suffer death which was later commuted to life imprisonment in Appeal No. 88,8 9, and 90 of 2010 at Kitale seeks to benefit from the decision of the Supreme Court of Kenya in the now famous Muruateteu case. He prays he be sentenced afresh as per the mitigating circumstances.
2. There is no compelling reasons to allow this application as the evidence on record and in particular the judgement of this court dated 7th August 2019 was rendered post Muruatetu and this court was alive to the same.
3. Having read the application and the letter dated 14th October 2020 from the Officer in charge Kitale Main Prison, which is not favourable to the Petitioner, the court does not for now finds merit in the Petition.
4. There must be however a determined period the Applicant must be in custody. Taking however the gravity of this matter the Applicant is hereby sentence the Applicant is hereby sentenced to 15 years from the date herein.
Dated, Signed and Delivered at Kitale this 28th day of October 2020.
___________________
H. K. CHEMITEI
JUDGE
28/10/2020
In the presence of;-
Mr Omooria for Respondent
Applicant – present
Court Assistant – Kirong
Ruling read in open court