[2023] KEHC 3945 (KLR)
The High Court determined that it lacked jurisdiction to review the applicant's sentence because the applicant's appeal had already been heard and dismissed by a court of similar jurisdiction. The court further held that the Supreme Court's directions in the Muruatetu case, which allow for the review of mandatory...
Source-derived case information.
- Citation
- [2023] KEHC 3945 (KLR)
- Parties
- Applicant: Josam Buhuru Bisuche; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Petition 3 of 2019
- Procedural Posture
- Criminal Review Application / Ruling on Application for Review of Sentence
- Outcome
- application dismissed
- Judges
- REA Ougo
- Legal Topics
- Robbery With Violence, Sentence Review, Jurisdiction of High Court, Appeal Process, Muruatetu Principle
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Josam Buhuru Bisuche
Applicant
Republic
Respondent
Procedural Posture
Criminal Review Application / Ruling on Application for Review of Sentence
Legal Issues
- 1 Does the High Court have jurisdiction to review the applicant's sentence after dismissal of his appeal?
- 2 Are the Supreme Court directions in the Muruatetu case applicable to offences other than murder?
Ratio Decidendi
The High Court determined that it lacked jurisdiction to review the applicant's sentence because the applicant's appeal had already been heard and dismissed by a court of similar jurisdiction. The court further held that the Supreme Court's directions in the Muruatetu case, which allow for the review of mandatory death sentences, are limited to murder cases and do not extend to robbery with violence. The applicant's only recourse is to pursue his pending appeal before the Court of Appeal. Consequently, the application for review was dismissed for want of jurisdiction.
Court Disposition
application dismissed
Orders
- The application for review of sentence is dismissed.
Full Case Text
Judgment text and source record
19 paragraphs
Bisuche v Republic (Petition 3 of 2019) [2023] KEHC 3945 (KLR) (28 April 2023) (Ruling)
Neutral citation: [2023] KEHC 3945 (KLR)
Republic of Kenya
In the High Court at Bungoma
Petition 3 of 2019
REA Ougo, J
April 28, 2023
Between
Josam Buhuru Bisuche
Petitioner
and
Republic
Respondent
Ruling
1. Josam Buhuru Bisuche in his Notice of Motion seeks that this court reviews his sentence. He was convicted of Robbery with Violence and sentenced to death in Criminal case NO 68 of 2009. He filed an appeal. His appeal was dismissed on July 17, 2012. He states that he appealed to the Court of Appeal at Eldoret and 10 years have lapsed since then.
2. In his submissions he seeks the courts mercy to be released. He has a detailed mitigation on his family, health and achievements whilst serving his sentence.
3. The application was opposed by the Respondent. It was submitted that this court lacks the jurisdiction to allow the application as the Petitioner’s appeal was heard by a court of similar jurisdiction and his appeal dismissed.
4. I have considered the Petitioner’s application. The applicant appeal was heard and determined by the High Court siting in Bungoma. As correctly submitted this court lacks the jurisdiction to grant the orders being sought. The Supreme Court in the Muruatetu case on July 6, 2021 at paragraphs 11, 14 and 15 issued directions that the principles set out were applicable to murder cases only. The applicant only avenue is to appeal to the Court of Appeal. In this the applicant indicated that he has been waiting for his matter before the Court of Appeal for the last 10 years. Let him pursue his appeal. This application is dismissed.
DATED, SIGNED AND DELIVERED AT BUNGOMA THIS 28TH DAY APRIL 2023. R.E OUGOJUDGEIn the presence of:Petitioner in personMs Omondi For the RespondentWilkister C/A