[2021] KEHC 810 (KLR)
The court held that the petitioner's application for sentence review is properly founded on the Supreme Court's decision in Muruatetu [2017] eKLR, as clarified in the 2021 decision, since the conviction was for murder under section 203 as read with section 204 of the Penal Code. The directions in Muruatetu apply to...
Source-derived case information.
- Citation
- [2021] KEHC 810 (KLR)
- Parties
- Appellant: Caleb Ojwando Ochido; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Petition 91 of 2019
- Procedural Posture
- Criminal Petition / Directions on Application for Sentence Review Following Supreme Court Clarification
- Outcome
- Directions issued for consolidation of files and mention for further directions on sentence review.
- Judges
- DN Musyoka
- Legal Topics
- Mandatory Sentencing, Murder, Sentence Review, Supreme Court Guidance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Caleb Ojwando Ochido
Appellant
Republic
Respondent
Procedural Posture
Criminal Petition / Directions on Application for Sentence Review Following Supreme Court Clarification
Legal Issues
- 1 Whether the Supreme Court decision in Francis Karioko Muruatetu & another vs. Republic [2017] eKLR applies to mandatory sentences for murder cases.
- 2 Whether the petitioner is entitled to a review of his sentence in light of the Supreme Court's clarification.
Ratio Decidendi
The court held that the petitioner's application for sentence review is properly founded on the Supreme Court's decision in Muruatetu [2017] eKLR, as clarified in the 2021 decision, since the conviction was for murder under section 203 as read with section 204 of the Penal Code. The directions in Muruatetu apply to mandatory sentences for murder, and therefore the petitioner's case falls within the scope of the Supreme Court's guidance. The court directed that the relevant files be consolidated and the matter be mentioned for further directions on disposal, ensuring compliance with the clarified legal position on mandatory sentencing for murder.
Court Disposition
Directions issued for consolidation of files and mention for further directions on sentence review.
Orders
- The Deputy Registrar shall cause the court file in Kakamega HCCRC No. 14 of 2001 to be put together with the instant file.
- The Deputy Registrar shall call for the records in Kisumu CACRA No. 115 of 2005.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
CRIMINAL PETITION NO. 91 OF 2019
CALEB OJWANDO OCHIDO........................................................PETITIONER
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 Motion herein, undated, was filed herein on 22nd November 2019, and it is principally founded on the decision, in Francis Karioko Muruatetu & another vs. Republic[2017] eKLR (Maraga CJ&P, Mwilu DCJ&VP, Ojwang, Wanjala, Njoki and Lenaola SCJJ), for the applicant seeks review of his sentence, where he had been convicted of murder, contrary to section 203, as read with section 204, of the Penal Code, in Kakamega HCCRC No. 14 of 2001, and was sentenced to death. He filed an appeal at the Court of Appeal at Kisumu, being Kisumu CACRA No. 115 of 2005, which was dismissed.
3. The offence, the subject of the instant proceedings, is murder, the decision in Francis Karioko Muruatetu & another vs. Republic[2017] eKLR (Maraga CJ&P, Mwilu DCJ&VP, Ojwang, Wanjala, Njoki and Lenaola SCJJ), therefore, does apply to it, in view of the directions given 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).
4. The Deputy Registrar shall cause the court file in Kakamega HCCRC No. 14 of 2001 to be put together with the instant file, and shall call for the records in Kisumu CACRA No. 115 of 2005. The matter shall thereafter be mentioned before the Judge for directions on disposal. Copies of this ruling shall be availed to the petitioner and the Director of Public Prosecutions, Kakamega.
DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS 20TH DAY OF DECEMBER 2021
W MUSYOKA
JUDGE