[2021] KEHC 2246 (KLR)
The court held that the Supreme Court's clarification in the 2021 Muruatetu decision restricts the application of its earlier 2017 decision to mandatory sentences for murder only. Therefore, unless the present matter concerns a mandatory sentence for murder under section 204 of the Penal Code, the Muruatetu...
Source-derived case information.
- Citation
- [2021] KEHC 2246 (KLR)
- Parties
- Applicant: Bonface Atondola Yataba; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 61 of 2020
- Procedural Posture
- Miscellaneous Criminal Application / Directions Prior to Final Submissions and Probation Report
- Outcome
- Matter to be placed before the trial judge for finalization.
- Judges
- DN Musyoka
- Legal Topics
- Mandatory Sentencing, Murder, Sentencing Guidelines
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bonface Atondola Yataba
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Directions Prior to Final Submissions and Probation Report
Legal Issues
- 1 Whether the Supreme Court decision in Muruatetu applies to mandatory sentences outside murder cases.
- 2 Whether the applicant is entitled to resentencing based on the Muruatetu jurisprudence.
Ratio Decidendi
The court held that the Supreme Court's clarification in the 2021 Muruatetu decision restricts the application of its earlier 2017 decision to mandatory sentences for murder only. Therefore, unless the present matter concerns a mandatory sentence for murder under section 204 of the Penal Code, the Muruatetu jurisprudence does not apply. The court directed that the matter proceed to finalization before the trial judge, as the stage of written submissions and probation reports had been reached.
Court Disposition
Matter to be placed before the trial judge for finalization.
Orders
- Let the matter be placed before the Judge for finalization.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
MISCELLANEOUS CRIMINAL APPLICATION NO. 61 OF 2020
BONFACE ATONDOLA YATABA................................................................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. I note that the matter has been handled substantially by Hon. Lady Justice Farah SM Amin, and is at the stage of written submissions and reports by the probation service. Let the matter be placed before the Judge for finalization.
PREPARED, DATED AND SIGNED AT KAKAMEGA THIS 15THDAY OF NOVEMBER, 2021
W MUSYOKA
JUDGE