[2021] KEHC 2085 (KLR)
The court determined that the Supreme Court's clarification in the 2021 Muruatetu decision restricts the application of its earlier jurisprudence on mandatory sentencing to murder cases only. As such, unless the petitioner's case involves a mandatory sentence for murder under section 204 of the Penal Code, the...
Source-derived case information.
- Citation
- [2021] KEHC 2085 (KLR)
- Parties
- Appellant: Gilbert Chemei; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Petition 29 of 2019
- Procedural Posture
- Criminal Petition / Directions Pending Finalization
- Outcome
- Matter referred for finalization before original judge.
- Judges
- DN Musyoka
- Legal Topics
- Mandatory Sentencing, Murder Offences, Supreme Court Guidance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gilbert Chemei
Appellant
Republic
Respondent
Procedural Posture
Criminal Petition / Directions Pending Finalization
Legal Issues
- 1 Whether the Supreme Court decision in Muruatetu applies to mandatory sentences outside murder cases.
- 2 Whether the petitioner's case falls within the scope of the Muruatetu jurisprudence.
Ratio Decidendi
The court determined that the Supreme Court's clarification in the 2021 Muruatetu decision restricts the application of its earlier jurisprudence on mandatory sentencing to murder cases only. As such, unless the petitioner's case involves a mandatory sentence for murder under section 204 of the Penal Code, the Muruatetu principles do not apply. The matter, having been substantially handled by another judge and being at the submissions and probation report stage, should be finalized by the same judge.
Court Disposition
Matter referred for finalization before original judge.
Orders
- The matter to be placed before Hon. Lady Justice Farah SM Amin for finalization.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
CRIMINAL PETITION NO. 29 OF 2019
GILBERT CHEMEI..................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. I note that the matter has been handled substantially by Hon. Lady Justice Farah SM Amin, and is at the stage of written submissions and reports by the National Probation Service. Let the matter be placed before Hon. Lady Justice Farah SM Amin for finalization.
PREPARED, DATED AND SIGNED AT KAKAMEGA THIS 15TH DAY OF NOVEMBER 2021
W MUSYOKA
JUDGE