[2019] KEHC 8382 (KLR)
The court held that the petitioner, having been sentenced to life imprisonment and not death, does not fall within the category of persons eligible for resentencing as contemplated by the Supreme Court in the Muruatetu decision. The Muruatetu case addressed the constitutionality of the mandatory death sentence, not...
Source-derived case information.
- Citation
- [2019] KEHC 8382 (KLR)
- Parties
- Petitioner: Erick Oduor Ng’ong’a; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Petition 17 of 2019
- Procedural Posture
- Constitutional Petition / Judgment
- Outcome
- petition dismissed
- Judges
- TW Cherere
- Legal Topics
- Defilement, Sexual Offences Act, Resentencing, Mandatory Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Erick Oduor Ng’ong’a
Petitioner
Republic
Respondent
Procedural Posture
Constitutional Petition / Judgment
Legal Issues
- 1 Whether the petitioner qualifies for resentencing following the Supreme Court decision in Francis Karioki Muruatetu & Another v Republic & 5 Others [2016] eKLR.
- 2 Whether the mandatory life sentence for defilement under Section 8(1)(2) of the Sexual Offences Act is unconstitutional.
Ratio Decidendi
The court held that the petitioner, having been sentenced to life imprisonment and not death, does not fall within the category of persons eligible for resentencing as contemplated by the Supreme Court in the Muruatetu decision. The Muruatetu case addressed the constitutionality of the mandatory death sentence, not mandatory life sentences under the Sexual Offences Act. Therefore, the petition for resentencing lacked merit and was dismissed.
Court Disposition
petition dismissed
Orders
- The petition for resentencing filed on 5th October, 2018 is dismissed.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISUMU
PETITION NO.17 OF 2019
(CORAM: CHERERE- J.)
BETWEEN
ERICK ODUOR NG’ONG’A.................PETITIONER
AND
REPUBLIC............................................RESPONDENT
JUDGMENT
Introduction
1. ERICK ODUOR NG’ONG’A, (hereinafter referred to as the petitioner) was charged with the offence of defilement contrary to Section 8(1) (2) of the Sexual Offences Act No. 3 of 2006, in that on the 2nd January, 2011 in Bungoma County he penetrated the anus of KO aged 7 years. He was convicted and sentenced to life imprisonment.
2. By a petition filed on 5th October, 2018, the petitioner has petitioned this court for resentencing.
3. Mr. Muia, learned counsel for the state opposed the petition on the ground that the Petitioner does not qualify for resentence.
Analysis and Determination
4. The Supreme Court decision in Francis Karioki Muruatetu & Another v Republic & 5 Others [2016] eKLR declaring the mandatory death sentence unconstitutional has necessitated resentencing of all persons previously sentenced to the mandatory death sentence.
5. The Petitioner was not sentenced to death but to life imprisonment. As was rightfully submitted by the Mr. Muia for the state, the Petitioner does not qualify for resentence.
6. Consequently, the Petition filed on 5th October, 2018 is considered and found to have no merit and it is dismissed.
DATED AND SIGNED IN KISUMU THIS 28th DAY OF March . 2019
T. W. CHERERE
JUDGE
Read in open court in the presence of-
Court Assistant- Felix
Petitioner- Present in person
For the State- Mr. Muia