Kenya Judgment

High Court · High Court at Kerugoya

Eliud Munyi Cini v Republic [2021] KEHC 1375 (KLR)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The court held that, following the Supreme Court's policy guidelines issued on 6 July 2021, the Muruatetu decision on judicial discretion in sentencing applies exclusively to murder cases under Sections 203 and 204 of the Penal Code. As a result, applications for re-sentencing in cases involving sexual offences, including defilement, are not permissible. The petitioner's request for a re-sentencing hearing was therefore dismissed as the offence of defilement does not fall within the scope of the Muruatetu decision as clarified by the Supreme Court.

Court disposition

petition dismissed

Orders

  • The petition for re-sentencing is dismissed.

02

Material facts

Parties

Eliud Munyi Cini

Appellant

Republic

Respondent

03

Procedural history

  1. Posture

    Criminal Petition / Judgment

04

Questions and positions

Legal issues

Whether the petitioner is entitled to a re-sentencing hearing for the offence of defilement in light of the Supreme Court's Muruatetu decision and subsequent guidelines.

Party arguments

Applicant
The petitioner sought a reduction of his life sentence for defilement, relying on the Supreme Court's Muruatetu decision, which granted courts discretion in sentencing for offences with minimum mandatory sentences.
Respondent
The respondent opposed the petition, relying on the Supreme Court's subsequent clarification that the Muruatetu decision and its guidelines apply only to murder cases under Sections 203 and 204 of the Penal Code, and not to sexual offences such as defilement.

05

Court’s reasoning

  1. 01

    Supreme Court Petition No. 15 & 16 (Consolidated) 2015

    The Supreme Court's Muruatetu decision initially allowed judicial discretion in sentencing for offences with mandatory minimum sentences.

  2. 02

    Supreme Court Guidelines issued 6 July 2021

    The Supreme Court's subsequent guidelines clarified that the Muruatetu decision applies only to murder cases under Sections 203 and 204 of the Penal Code, excluding sexual offences from re-sentencing hearings.

06

Ratio, limits and disposition

Ratio decidendi

The court held that, following the Supreme Court's policy guidelines issued on 6 July 2021, the Muruatetu decision on judicial discretion in sentencing applies exclusively to murder cases under Sections 203 and 204 of the Penal Code. As a result, applications for re-sentencing in cases involving sexual offences, including defilement, are not permissible. The petitioner's request for a re-sentencing hearing was therefore dismissed as the offence of defilement does not fall within the scope of the Muruatetu decision as clarified by the Supreme Court.

Court disposition

petition dismissed

  • The petition for re-sentencing is dismissed.

Source and reliance status

High Court

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Judgment reading view

Judgment text

The complete available source text.

Source document

High Court

Judgment

[2021] KEHC 1375 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT

AT KERUGOYA

CRIMINAL PETITION NO. 32 OF 2019

(From original conviction and sentence in Criminal Case No. 227 of 2016

at Principal Magistrate’s Courtat WangúruCriminal Appeal No. 39 of 2016

of the High Court at Kerugoya)

ELIUD MUNYI CINI..............................................................................PETITIONER

VERSUS

REPUBLIC.............................................................................................RESPONDENT

JUDGMENT

1. The Petitioner Eliud Munyi Cini was charged, convicted and sentenced to serve life imprisonment for the offence of defilement Contrary to Section 8 (1) as read with Section 8 (2)of the Sexual Offences Act No. 3 of 2006, on the 27. 6.2019.

2. His appeal to this court against both conviction and sentence vide High Court Criminal Appeal No. 39 of 2016 was dismissed on the 27. 6.2019.

3. Pursuant to the “Muruatetu” Supreme Court decision, the petitioner moved this court on the 8. 11. 2019 by this petition

for sentence – rehearing seeking for reduction of the sentence.

The “Muruatetu” decision – Supreme Court Petition No. 15 & 16 (consolidated) 2015, delivered on 14. 12. 2017 untied the courts hands and gave them judicial discretion on sentencing, upon mitigation, on cases which carry minimum mandatory sentences. Following therefore, the courts embarked on hearing re-sentencing applications for offences among them Robbery with Violence and Sexual Offences.

4. However, on the 6. 7.2021, the Supreme Court, revisited its decision and gave policy guidelines and directions on the applicability of its earlier decision rendered on the 14th December, 2014, thus;

Paragraph 18: The decision on“Muruatetu”and these guidelines apply only in respect of sentences of murder underSection 203 and 204 of the Penal Code.

It therefore follows that no re-sentence hearing shall be entertained, including robbery with violence and sexual offences.

5. This petition, flowing from a defilement offence is therefore dismissed.

DATED AND SIGNED THIS...............DAY OF...........................2021

J. N. MULWA

JUDGE

DATED AND DELIVERED AT KERUGOYA THIS 18TH DAY OF NOVEMBER 2021

R. M. MWONGO

JUDGE

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Supreme Court Petition No. 15 & 16 (Consolidated) 2015 (Muruatetu)

Case cited

Sexual Offences Act No. 3 of 2006 Section 8(1) and 8(2)

Legislation

Legislation referenced in the available case record.

Penal Code Sections 203 and 204

Legislation

Legislation referenced in the available case record.

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