[2021] KEHC 1372 (KLR)
The court held that the petitioner's sentence for robbery with violence does not fall within the scope of the Supreme Court's decision in Muruatetu, which clarified that its holding on the unconstitutionality of mandatory sentences applies only to murder cases under section 204 of the Penal Code. As such, the...
Source-derived case information.
- Citation
- [2021] KEHC 1372 (KLR)
- Parties
- Applicant: Gedion Indire Ndeda; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Petition 53 of 2019
- Procedural Posture
- Constitutional Petition / Ruling on Sentence Review Application
- Outcome
- petition dismissed
- Judges
- DN Musyoka
- Legal Topics
- Mandatory Sentencing, Sentence Review, Robbery With Violence, Applicability of Muruatetu, Death Penalty, Life Imprisonment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gedion Indire Ndeda
Applicant
Republic
Respondent
Procedural Posture
Constitutional Petition / Ruling on Sentence Review Application
Legal Issues
- 1 Whether the Supreme Court decision in Muruatetu applies to mandatory sentences for offences other than murder.
- 2 Whether the petitioner is entitled to a review of his sentence for robbery with violence based on the Muruatetu decision.
Ratio Decidendi
The court held that the petitioner's sentence for robbery with violence does not fall within the scope of the Supreme Court's decision in Muruatetu, which clarified that its holding on the unconstitutionality of mandatory sentences applies only to murder cases under section 204 of the Penal Code. As such, the petitioner's application for review of his sentence based on Muruatetu was incompetent and could not be entertained. The petition was accordingly dismissed.
Court Disposition
petition dismissed
Orders
- The petition is dismissed as incompetent.
- The file is to be closed.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KAKAMEGA
PETITION NO. 53 OF 2019
GEDION INDIRE NDEDA...........................................................................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 chamber summons herein, undated, but filed herein on 22nd May 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 robbery with violence, in Vihiga SRMCCRC No. 420 of 2004, and was sentenced to death. Later commuted to life imprisonment. He filed an appeal at the High Court at Kakamega, being HCCRA No. 147 of 2004, which was dismissed. He says his appeal in Kisumu CACRA No. 36 of 2010 is still pending.
3. It is clear that the sentence the petitioner is serving to be revised has nothing to do with murder and review underFrancis Karioko Muruatetu & another vs. Republic[2017] eKLR (Maraga CJ&P, Mwilu DCJ&VP, Ojwang, Wanjala, Njoki and Lenaola SCJJ) is not available. The petition is incompetent and is hereby dismissed. File to be closed.
4. The Deputy Registrar shall cause copies this ruling to be availed to the petitioner and the office of Director of Public Prosecutions, Kakamega.
DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS 10TH DAY OF DECEMBER 2021
W MUSYOKA
JUDGE