[2021] KEHC 1096 (KLR)
The court held that the application before it was not based on the Muruatetu decision, as it did not concern a mandatory sentence for murder but rather an application for leave to appeal out of time. Since the respondent did not oppose the application and leave was already granted, there were no further issues for...
Source-derived case information.
- Citation
- [2021] KEHC 1096 (KLR)
- Parties
- Applicant: Gedion Juma; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 23 of 2020
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Directions and Closure of File
- Outcome
- Application for leave to appeal out of time was granted; file ordered closed.
- Judges
- DN Musyoka
- Legal Topics
- Leave to Appeal Out of Time, Mandatory Sentences, Application of Supreme Court Decisions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gedion Juma
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Directions and Closure of File
Legal Issues
- 1 Whether the application for leave to appeal out of time was properly granted and whether the file should be closed.
- 2 Whether the Supreme Court decision in Muruatetu applies to the present application.
Ratio Decidendi
The court held that the application before it was not based on the Muruatetu decision, as it did not concern a mandatory sentence for murder but rather an application for leave to appeal out of time. Since the respondent did not oppose the application and leave was already granted, there were no further issues for determination. The court directed that the file should have been closed upon granting leave and ordered its immediate closure.
Court Disposition
Application for leave to appeal out of time was granted; file ordered closed.
Orders
- The file is to be closed forthwith.
- The Deputy Registrar shall avail copies of the ruling to the applicant and the office of Director of Public Prosecutions, Kakamega.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KAKAMEGA
MISCELLANEOUS CRIMINAL APPLICATION NO. 23 OF 2020
GEDION JUMA.............................................................................................APPLICANT
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, dated 4th March 2020, was filed herein on 15th April 2020, is not founded 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 applicant seeks leave to appeal out of time. The orders to file appeal out of time were granted on 14th October 2020, as the respondent indicated that it did not oppose the application. This file should have been closed then. It should now be closed forthwith.
3. The Deputy Registrar shall cause copies of this ruling to be availed to the applicant and the office of Director of Public Prosecutions, Kakamega.
DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS 20TH DAY OF DECEMBER 2021
W MUSYOKA
JUDGE