[2021] KEHC 493 (KLR)
The court found that the petitioner, previously detained at the president's pleasure after being found guilty but insane of murder, had since recovered from his mental illness, completed treatment, and engaged in rehabilitation and skills training. In light of the Supreme Court's decision in Muruatetu, which held...
Source-derived case information.
- Citation
- [2021] KEHC 493 (KLR)
- Parties
- Applicant: Edward Kipkoech Ngetich; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Petition 45 of 2019
- Procedural Posture
- Constitutional Petition / Resentencing
- Outcome
- sentence reduced to period served; petitioner to be released unless otherwise lawfully held
- Judges
- AN Ongeri
- Legal Topics
- Murder, Insanity Defence, Resentencing, Detention at Presidents Pleasure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Edward Kipkoech Ngetich
Applicant
Republic
Respondent
Procedural Posture
Constitutional Petition / Resentencing
Legal Issues
- 1 Whether the petitioner is entitled to resentencing following the Supreme Court decision in the Muruatetu case.
- 2 Whether the period already served by the petitioner is sufficient in light of his recovery and rehabilitation.
Ratio Decidendi
The court found that the petitioner, previously detained at the president's pleasure after being found guilty but insane of murder, had since recovered from his mental illness, completed treatment, and engaged in rehabilitation and skills training. In light of the Supreme Court's decision in Muruatetu, which held that mandatory and indefinite sentences are unconstitutional, the court determined that continued detention was no longer justified. The sentence was reduced to the period already served, and the petitioner was ordered to be released unless otherwise lawfully held.
Court Disposition
sentence reduced to period served; petitioner to be released unless otherwise lawfully held
Orders
- The petitioner's sentence is reduced to the period already served.
- The petitioner shall be released forthwith unless lawfully held for any other reason.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
PETITION NO.45 OF 2019
EDWARD KIPKOECH NGETICH.....APPLICANT
VERSUS
REPUBLIC.........................................RESPONDENT
SENTENCE
1. The petitioner was found guilty but insane after being tried for the offence of murder and he was detained at the president’s pleasure under section 166 (1) of the criminal procedure court.
2. The petitioner filed this case pursuant to the Supreme Court decision in the FRANCIS KARIOKOR MURUATETU case seeking resentencing.
3. The petitioner was referred to the psychiatrist for assessment and a report was filed dated 22/4/2021 which states that he is now fit to stand trial.
4. The petitioner has been in custody since 7/12/2010 when he was first arraigned in court.
5. I have considered the probation officer’s Report and also the submissions filed by the Respondent and also the petitioner’s mitigation.
6. I find that the petitioner has been undergoing treatment which he has completed. He has also been engaged in spiritual programs while in remand and he has undertaken Mechanical grade tests III and II.
7. I find that the petitioner recovered from his mental sickness and I reduce his sentence to the period already served.
8. I accordingly direct that the petitioner be released forthwith unless lawfully held for any other reason.
DELIVERED, DATED AND SIGNED AT KERICHO THIS 1ST DAY OF OCTOBER 2021.
A. N. ONGERI
JUDGE