[2021] KEHC 1180 (KLR)
The court held that while the Supreme Court's decision in Muruatetu confers jurisdiction on the High Court to review mandatory death sentences for murder, in this case, the applicant's death sentence had already been commuted to life imprisonment by the President. As a result, there was no longer a death sentence in...
Source-derived case information.
- Citation
- [2021] KEHC 1180 (KLR)
- Parties
- Applicant: Francis Liyai; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 79 of 2019
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Sentence Review Application
- Outcome
- Application dismissed as moot; no sentence left to review.
- Judges
- DN Musyoka
- Legal Topics
- Mandatory Sentencing, Murder, Sentence Review, Jurisdiction of High Court
- 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
Francis Liyai
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Sentence Review Application
Legal Issues
- 1 Whether the High Court has jurisdiction to review the applicant's sentence for murder in light of the Supreme Court's decision in Muruatetu.
- 2 Whether the commutation of the death sentence to life imprisonment leaves any sentence for the court to review.
Ratio Decidendi
The court held that while the Supreme Court's decision in Muruatetu confers jurisdiction on the High Court to review mandatory death sentences for murder, in this case, the applicant's death sentence had already been commuted to life imprisonment by the President. As a result, there was no longer a death sentence in force for the court to review. The application for sentence review was therefore rendered moot, and no further orders could be made regarding the sentence.
Court Disposition
Application dismissed as moot; no sentence left to review.
Orders
- No review of sentence is undertaken as the death sentence was already commuted to life imprisonment.
- Deputy Registrar to serve copies of the ruling to the petitioner and the Director of Public Prosecutions, Kakamega.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KAKAMEGA
MISCELLANEOUS CRIMINAL APPLICATION NO. 79 OF 2019
FRANCIS LIYAI .....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 Motion herein, undated, filed herein on 20th September 2019, principally rides on the decision, in Francis Karioko Muruatetu & another vs. Republic[2017] eKLR (Maraga CJ&P, Mwilu DCJ&VP, Ojwang, Wanjala, Njoki and Lenaola SCJJ), for the petitioner seeks review of his sentence, where he had been convicted of murder, contrary to section 203, as read with section 204, of the Penal Code, in Kakamega HCCRC No. 33 of 1998, and was sentenced to death, later commuted to life imprisonment by the President of the Republic of Kenya. He filed an appeal at the Court of Appeal at Kisumu, being CACRA No. 5 of 2001, which was dismissed.
3. The offence, the subject of the instant proceedings, is murder, and the decision in Francis Karioko Muruatetu & another vs. Republic[2017] eKLR (Maraga CJ&P, Mwilu DCJ&VP, Ojwang, Wanjala, Njoki and Lenaola SCJJ), therefore, applies to it. As a consequence, the High Court has jurisdiction to review the sentence that was imposed by the trial court, in view of the directions given 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).
4. However, I note that the death sentence was committed to life imprisonment, so there is nothing left for me to review.
5. The Deputy registrar shall cause copies of this ruling to be availed to the petitioner and the officer of the director public prosecutions Kakamega.
DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS 10TH DAY OF DECEMBER, 2021
W MUSYOKA
JUDGE