[2021] KEHC 2188 (KLR)
The court held that the Supreme Court's clarification in the 2021 Muruatetu decision restricts the application of its earlier jurisprudence on mandatory sentencing to murder cases only. Therefore, any applications seeking resentencing or review based on Muruatetu for offences other than murder are not tenable. The...
Source-derived case information.
- Citation
- [2021] KEHC 2188 (KLR)
- Parties
- Applicant: Christopher Ndusi; Applicant: Kelvin Shitambasi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 72 of 2020
- Procedural Posture
- Miscellaneous Criminal Application / Directions Pending Finalization; Written Submissions and Probation Reports Stage
- Outcome
- Matter to be placed before the trial judge for finalization in accordance with Supreme Court guidance.
- 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
Christopher Ndusi
Applicant
Kelvin Shitambasi
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Directions Pending Finalization; Written Submissions and Probation Reports Stage
Legal Issues
- 1 Whether the Supreme Court decision in Muruatetu applies to mandatory sentences outside murder cases.
- 2 Whether the applicants are 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 jurisprudence on mandatory sentencing to murder cases only. Therefore, any applications seeking resentencing or review based on Muruatetu for offences other than murder are not tenable. The matter is at the stage of written submissions and probation reports, and is to be placed before the trial judge for finalization in accordance with the clarified legal position.
Court Disposition
Matter to be placed before the trial judge for finalization in accordance with Supreme Court guidance.
Orders
- Let the matter be placed before the Judge for finalization.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KAKAMEGA
MISCELLANEOUS CRIMINAL APPLICATION NO. 72 OF 2020
CHRISTOPHER NDUSI........1ST APPLICANT
KELVIN SHITAMBASI........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 and reports by the probation service. Let the matter be placed before the Judge for finalization.
PREPARED, DATED AND SIGNED AT KAKAMEGA THIS 12TH DAY OF NOVEMBER, 2021
W MUSYOKA
JUDGE