[2022] KEHC 1038 (KLR)
Although the Supreme Court in Muruatetu declared the mandatory nature of the death penalty unconstitutional, it did not abolish the death penalty itself. The court considered the gravity of the applicant's offence, which involved the indiscriminate murder of three innocent children, and found that these...
Source-derived case information.
- Citation
- [2022] KEHC 1038 (KLR)
- Parties
- Applicant: Haro Guffu Jillo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E013 of 2021
- Procedural Posture
- Miscellaneous Application / Resentencing Application
- Outcome
- application dismissed
- Judges
- TW Cherere
- Legal Topics
- Murder Sentencing, Mandatory Death Penalty, Resentencing Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Haro Guffu Jillo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Resentencing Application
Legal Issues
- 1 Whether the applicant is entitled to resentencing following the Supreme Court decision declaring the mandatory death sentence unconstitutional.
- 2 Whether the circumstances of the offence warrant a reduction of the applicant's sentence.
Ratio Decidendi
Although the Supreme Court in Muruatetu declared the mandatory nature of the death penalty unconstitutional, it did not abolish the death penalty itself. The court considered the gravity of the applicant's offence, which involved the indiscriminate murder of three innocent children, and found that these circumstances did not merit a reduction of the sentence. The applicant's remorse and period of incarceration were insufficient to outweigh the seriousness of the crime. Therefore, the application for resentencing was dismissed and the original sentence upheld.
Court Disposition
application dismissed
Orders
- Application for resentencing is dismissed.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
(CORAM: CHERERE- J.)
MISC. CR. APPL. NO. E013 OF 2021
BETWEEN
HARO GUFFU JILLO...........................APPLICANT
AND
REPUBLIC.........................................RESPONDENT
JUDGMENT
1) On 07th July, 2011, Applicant was sentenced to suffer death for the offence of murder. His appeal to the Court of Appeal vide Haro Guffu Jillov Republic [2014] eKLRwas dismissed on 30th April, 2014.
2) Applicant prays for resentence on the ground that he is remorseful and has been in incarceration for 15 years.
3) The state through Ms.Mwaniki, learned counsel for the state submitted that the sentence imposed on the Applicant is constitutional and urged the court to uphold it.
4) Whereas 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 minimum and maximum sentences, death remains a lawful sentence for murder.
5) I have considered that the offence herein involved indiscriminate murder of three innocent children and find that the Applicant is undeserving of an order to reduce his sentence.
6) Application for resentence is thus dismissed.
DELIVERED AT MERU THIS 04TH DAY OF APRIL 2022
WAMAE.T. W. CHERERE
JUDGE
In the presence of-
Court Assistant Kinoti
Applicant - Present
For the State - Ms. Mwaniki