[2021] KEHC 1246 (KLR)
The court held that, following the Supreme Court's guidelines issued on 6 July 2021, the 'Muruatetu' decision applies exclusively to murder cases under Sections 203 and 204 of the Penal Code. Applications for resentencing based on 'Muruatetu' in respect of other offences, including defilement, are not permitted. As...
Source-derived case information.
- Citation
- [2021] KEHC 1246 (KLR)
- Parties
- Appellant: Charles Waweru Maina; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kerugoya
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 6 of 2019
- Procedural Posture
- Criminal Petition / Judgment
- Outcome
- petition dismissed
- Judges
- JK Mulwa, RM Mwongo
- Legal Topics
- Defilement Offence, Mandatory Minimum Sentences, Resentencing Applications, Supreme Court Guidelines
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Waweru Maina
Appellant
Republic
Respondent
Procedural Posture
Criminal Petition / Judgment
Legal Issues
- 1 Whether the petitioner is entitled to a resentencing hearing under the 'Muruatetu' decision for the offence of defilement.
- 2 Whether the Supreme Court's guidelines on the applicability of the 'Muruatetu' decision extend to offences other than murder.
Ratio Decidendi
The court held that, following the Supreme Court's guidelines issued on 6 July 2021, the 'Muruatetu' decision applies exclusively to murder cases under Sections 203 and 204 of the Penal Code. Applications for resentencing based on 'Muruatetu' in respect of other offences, including defilement, are not permitted. As the petitioner's conviction was for defilement, the court found it had no jurisdiction to entertain the resentencing application and dismissed the petition accordingly.
Court Disposition
petition dismissed
Orders
- The petition for resentencing is dismissed.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT KERUGOYA
CRIMINAL PETITION NO. 6 OF 2019
(From original conviction and sentence in Criminal Case
No. 294 of 2012 of the Principal Magistrate’s Court at Baricho)
CHARLES WAWERU MAINA............PETITIONER
VERSUS
REPUBLIC.........................................RESPONDENT
JUDGMENT
1. The Petitioner was charged convicted and sentenced to serve 20 years imprisonment for the offence of Defilement on the 27. 9.2012.
2. He exhausted his Appeal options to this court and the Court of Appeal vide Court of Appeal Criminal Appeal 11 of 2014 which was dismissed on the 3. 2.2016.
He has filed this petition pursuant to the “Muruatetu” decision for re-sentence hearing.
Prior to the 6. 7.2021, the “Muruatetu”decision was applied for re-sentence hearing in other offences that carry mandatory minimum sentences.
3. On the 6. 7.2021, the Supreme Court, further to its judgment in the “Muruatetu”decision gave policy guidelines and directions on the applicability of the decision in the “Muruatetu”case rendered on the 14. 12. 17, that applications for re-sentence hearing based on the “Muruatetu”decision for any other offence save for Murder under Section 203 and 204 of the Penal Codeshall not be entertained, and that the said guidelines apply only to sentences of the offence of Murder Contrary to Section 203 and 204 of the Penal Code.
4. Consequently, this petition cannot be entertained. It is dismissed.
DATED AND SIGNED THIS…….……DAY OF…………,2021
J. N. MULWA
JUDGE
DATED AND DELIVERED AT KERUGOYA THIS 15TH DAY OF DECEMBER 2021
R. M. MWONGO
JUDGE