[2021] KEHC 1558 (KLR)
The court held that the application for review of sentence had no merit because the Supreme Court's Muruatetu jurisprudence, which allows for review of mandatory death sentences in murder cases, does not extend to sentences for trafficking in narcotic drugs. The applicant's conviction and sentence had already been...
Source-derived case information.
- Citation
- [2021] KEHC 1558 (KLR)
- Parties
- Applicant: Charles Kyalo Katiku; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E130 of 2021
- Procedural Posture
- Criminal Revision / Ruling on Application for Review of Sentence
- Outcome
- application dismissed
- Judges
- GMA Dulu
- Legal Topics
- Sentence Review, Trafficking in Narcotic Drugs, Applicability of Muruatetu Jurisprudence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Kyalo Katiku
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Review of Sentence
Legal Issues
- 1 Whether the applicant is entitled to a review of sentence after his appeal was dismissed.
- 2 Whether the Supreme Court's Muruatetu jurisprudence applies to sentences for trafficking in narcotic drugs.
Ratio Decidendi
The court held that the application for review of sentence had no merit because the Supreme Court's Muruatetu jurisprudence, which allows for review of mandatory death sentences in murder cases, does not extend to sentences for trafficking in narcotic drugs. The applicant's conviction and sentence had already been upheld on appeal, and the High Court cannot review its own decision in such circumstances. The only recourse available to the applicant is to appeal to the Court of Appeal, subject to applicable legal rules. Consequently, the application for review was dismissed.
Court Disposition
application dismissed
Orders
- The application for review of sentence is dismissed.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MAKUENI
HCCR REV. NO. E130 OF 2021
CHARLES KYALO KATIKU ……………………………… APPLICANT
VERSUS
REPUBLIC ………………………………….……………….. RESPONDENT
RULING
1. Before me, is an application brought by way of Notice of Motion by the applicant under section 333(2), 362 and 364 of the Criminal Procedure Code (cap. 75) for review of sentence.
2. The applicant was convicted in Kilungu Criminal Case No. 350 of 2016 for trafficking in narcotic drugs and sentenced to 10 years imprisonment. He appealed to this court in Makueni High Court Criminal Appeal No. 42 of 2019 and his appeal was dismissed on 11th October, 2019.
3. He has however, now come to this court again, through the present application for review of sentence.
4. This is not an appeal, but an application for review of sentence. I note that this appeal to this court has already been heard and determined as stated above.
5. Though it is not specifically stated in the application, I take it that this is an application for review of sentence under the Muruatetu case, jurisprudence, as this court cannot review its own decision, as the appeal of the applicant has already been dismissed and both his conviction and sentence upheld.
6. In my view, this application for review of sentence for review of sentence has no merits and is for dismissal as the Supreme Court on 6/7/2021 issued further directions in the Muruatetu case, to the effect that the jurisprudence in that case only relates to mandatory death sentences in murder cases under section 203 as read with section 204 of the Penal Code, and not to any other sentences be they mandatory death sentence or other sentences. Thus the Muruatetucase jurisprudence does not apply to the applicant’s case which is a case of trafficking in narcotic drugs.
7. In my view, the only possible option open to the applicant now is for him to appeal to the Court of Appeal, subject to the legal rules applicable.
8. As for this application, in view of the above reasons, it has no merits. The application is thus dismissed.
DELIVERED, SIGNED & DATED THIS 2ND DAY OF DECEMBER 2021, IN OPEN COURT AT MAKUENI.
……………………………….
GEORGE DULU
JUDGE