[2021] KEHC 2252 (KLR)
The court held that the petition, affidavit, and motion filed by the applicant were not signed, rendering them unauthentic and incompetent. As a result, there was no valid petition before the court. The court further clarified that it could not consider the merits of unsigned pleadings, and therefore, no directions...
Source-derived case information.
- Citation
- [2021] KEHC 2252 (KLR)
- Parties
- Applicant: Enock Okoyana Murambi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Petition E061 of 2021
- Procedural Posture
- Criminal Petition / Ruling on Preliminary Objection/striking Out
- Outcome
- petition struck out as incompetent
- Judges
- DN Musyoka
- Legal Topics
- Defilement Sentencing, Sentence Review, Mandatory Sentences, Procedural Irregularities
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Enock Okoyana Murambi
Applicant
Republic
Respondent
Procedural Posture
Criminal Petition / Ruling on Preliminary Objection/striking Out
Legal Issues
- 1 Whether the petition for sentence review is competent where the pleadings are unsigned.
- 2 Whether the court can consider the merits of an unsigned petition and supporting documents.
- 3 Whether the Supreme Court decision in Muruatetu applies to mandatory sentences for defilement.
Ratio Decidendi
The court held that the petition, affidavit, and motion filed by the applicant were not signed, rendering them unauthentic and incompetent. As a result, there was no valid petition before the court. The court further clarified that it could not consider the merits of unsigned pleadings, and therefore, no directions could be given on the disposal of the matter. The court also noted that the Supreme Court's decision in Muruatetu, which clarified the application of its earlier decision on mandatory sentences, was limited to murder cases and did not extend to defilement cases under the Sexual Offences Act. Consequently, the petition was struck out and the file ordered closed.
Court Disposition
petition struck out as incompetent
Orders
- The petition is struck out for want of execution (signature).
- The file shall be closed.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
CRIMINAL PETITION NO. E061 OF 2021
ENOCK OKOYANA MURAMBI............................................................PETITIONER
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. The petition herein, undated, but filed herein on 22nd April 2021. The petition does not appear to be based on Francis Karioko Muruatetu & another vs. Republic[2017] eKLR (Maraga CJ&P, Mwilu DCJ&VP, Ojwang, Wanjala, Njoki and Lenaola SCJJ). The petitioner seeks review of his sentence, where he had been convicted of defilement, under section 8(2) of the Sexual Offences Act, No. 3 of 2006, in Kakamega CMCCRC No. 1944 OF 2009, and was sentenced to fifteen years’ imprisonment. He filed appeal in at the High Court, the details of the file are not disclosed, which the appellate court dismissed. He seeks review on grounds of old age.
3. The unfortunate thing about the petition, herein, the affidavit in support of it and the Motion accompanying it, is that they all have not been signed by the applicant. The omission to execute the pleadings renders them unauthentic and incompetent. No court can consider the merits of such filings, and therefore I cannot give any directions on disposal. The lack of execution would mean that there is no valid petition before court, and I hereby strike the same out. The file shall be closed.
4. The Deputy Registrar shall cause copies of this ruling to be availed to the petitioner and the office of Director of Public Prosecutions, Kakamega.
PREPARED, DATED AND SIGNED AT KAKAMEGA THIS 15TH DAY OF NOVEMBER, 2021
W MUSYOKA
JUDGE