[2021] KEHC 667 (KLR)

[2021] KEHC 667 (KLR)

The court found that, pursuant to the Supreme Court's decision in Muruatetu, the mandatory death penalty for murder is unconstitutional and that offenders are entitled to a resentencing hearing. The applicant had already served a significant period in custody, demonstrated good conduct, and suffered deteriorating...

Source-derived case information.

Citation
[2021] KEHC 667 (KLR)
Parties
Applicant: Daniel Gitau Maina; Respondent: Republic
Court
High Court
Court Station
High Court at Nakuru
Jurisdiction
Kenya
Judgment Date
17 December 2021
Case Number
Criminal Miscellaneous Application 80 of 2019
Procedural Posture
Criminal Miscellaneous Application / Resentencing Application Following Supreme Court Guidelines
Outcome
application for resentencing allowed; sentence reduced to 15 years imprisonment from date of sentencing
Judges
RB Ngetich
Legal Topics
Murder Sentencing, Mandatory Death Penalty, Resentencing Guidelines, Time Served Consideration
Source Language
english
Criminal Law Murder Sentencing Mandatory Death Penalty Resentencing Guidelines Time Served Consideration

Source-derived case record

Summary, issues, holding and outcome

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Parties

Daniel Gitau Maina

Applicant

Republic

Respondent

Procedural Posture

Criminal Miscellaneous Application / Resentencing Application Following Supreme Court Guidelines

Legal Issues

  1. 1 Whether the applicant is entitled to resentencing following the Supreme Court decision in Muruatetu.
  2. 2 Whether the time spent in custody should be considered in determining the appropriate sentence.
  3. 3 Whether the applicant's health and conduct in prison warrant a reduction of sentence.

Ratio Decidendi

The court found that, pursuant to the Supreme Court's decision in Muruatetu, the mandatory death penalty for murder is unconstitutional and that offenders are entitled to a resentencing hearing. The applicant had already served a significant period in custody, demonstrated good conduct, and suffered deteriorating health. The court determined that continued incarceration was unnecessary, and the applicant had paid his debt to society. Accordingly, the court set aside the previous sentence and imposed a term of 15 years imprisonment from the date of sentencing, taking into account the time already served.

Court Disposition

application for resentencing allowed; sentence reduced to 15 years imprisonment from date of sentencing

Orders

  • The death sentence commuted to life imprisonment is set aside.
  • The applicant is sentenced to 15 years imprisonment from the date of sentencing.