[2021] KEHC 1375 (KLR)
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,...
Source-derived case information.
- Citation
- [2021] KEHC 1375 (KLR)
- Parties
- Appellant: Eliud Munyi Cini; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kerugoya
- Jurisdiction
- Kenya
- Case Number
- Criminal Petition 32 of 2019
- Procedural Posture
- Criminal Petition / Judgment
- Outcome
- petition dismissed
- Judges
- JK Mulwa, RM Mwongo
- Legal Topics
- Defilement, Sentencing Guidelines, Sexual Offences Act, Mandatory Sentences
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Eliud Munyi Cini
Appellant
Republic
Respondent
Procedural Posture
Criminal Petition / Judgment
Legal Issues
- 1 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.
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
Orders
- The petition for re-sentencing is dismissed.
Full Case Text
Judgment text and source record
26 paragraphs
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