[2021] KEHC 2162 (KLR)
The court held that, following the Supreme Court's clarification in the 2021 Muruatetu decision, the principles regarding the unconstitutionality of mandatory sentences are limited to murder cases under section 204 of the Penal Code. The petitioners' case, unless it concerns murder, cannot benefit from the Muruatetu...
Source-derived case information.
- Citation
- [2021] KEHC 2162 (KLR)
- Parties
- Applicant: Charles Amboko Anemba; Applicant: Elisha Maiya Mulama; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Petition 41 of 2018
- Procedural Posture
- Criminal Petition / Directions for Finalization After Supreme Court Clarification on Mandatory Sentences
- Outcome
- Matter to be placed before Hon. Lady Justice Farah SM Amin for finalization in accordance with Supreme Court guidance.
- Judges
- DN Musyoka
- Legal Topics
- Mandatory Sentencing, Murder Offences, Supreme Court Guidance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Amboko Anemba
Applicant
Elisha Maiya Mulama
Applicant
Republic
Respondent
Procedural Posture
Criminal Petition / Directions for Finalization After Supreme Court Clarification on Mandatory Sentences
Legal Issues
- 1 Whether the Supreme Court's decision in Muruatetu applies to mandatory sentences outside murder cases.
- 2 Whether the petitioners' case falls within the scope of the Supreme Court's clarification.
Ratio Decidendi
The court held that, following the Supreme Court's clarification in the 2021 Muruatetu decision, the principles regarding the unconstitutionality of mandatory sentences are limited to murder cases under section 204 of the Penal Code. The petitioners' case, unless it concerns murder, cannot benefit from the Muruatetu jurisprudence. The matter, having reached the stage of written submissions, should be finalized by the judge previously seized of the matter, in accordance with the Supreme Court's directions.
Court Disposition
Matter to be placed before Hon. Lady Justice Farah SM Amin for finalization in accordance with Supreme Court guidance.
Orders
- The matter shall be placed before Hon. Lady Justice Farah SM Amin for finalization.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KAKAMEGA
CRIMINAL PETITION NO. 41 OF 2018
CHARLES AMBOKO ANEMBA.....1ST APPLICANT
ELISHA MAIYA MULAMA.............2ND 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. Let the matter be placed before Hon. Lady Justice Farah SM Amin for finalization.
PREPARED, DATED AND SIGNED AT KAKAMEGA THIS 15TH DAY OF NOVEMBER,2021
W MUSYOKA
JUDGE