[2018] KEHC 758 (KLR)
The court found that the petitioner, having been sentenced to 20 years imprisonment for defilement and not to the mandatory death sentence, does not fall within the category of persons eligible for resentencing under the Supreme Court's decision in Francis Karioki Muruatetu & Another v Republic. The court therefore...
Source-derived case information.
- Citation
- [2018] KEHC 758 (KLR)
- Parties
- Petitioner: Helisha Oyoo Oyugi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Petition 69 of 2018
- Procedural Posture
- Constitutional Petition / Judgment
- Outcome
- petition dismissed
- Judges
- TW Cherere
- Legal Topics
- Defilement Offence, Sentencing Review, Sexual Offences Act, Jurisdiction of High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Helisha Oyoo Oyugi
Petitioner
Republic
Respondent
Procedural Posture
Constitutional Petition / Judgment
Legal Issues
- 1 Whether the High Court has jurisdiction to resentence a petitioner convicted of defilement and sentenced to 20 years imprisonment.
- 2 Whether the Supreme Court decision in Francis Karioki Muruatetu & Another v Republic applies to sentences other than the mandatory death sentence.
Ratio Decidendi
The court found that the petitioner, having been sentenced to 20 years imprisonment for defilement and not to the mandatory death sentence, does not fall within the category of persons eligible for resentencing under the Supreme Court's decision in Francis Karioki Muruatetu & Another v Republic. The court therefore lacks jurisdiction to review or resentence the petitioner, and the petition is without merit.
Court Disposition
petition dismissed
Orders
- The petition is dismissed.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KISUMU
PETITION NO.69 OF 2018
CORAM: CHERERE- J.
BETWEEN
HELISHA OYOO OYUGI..........................................................PETITIONER
AND
REPUBLIC.................................................................................RESPONDENT
JUDGMENT
Introduction
1. HELISHA OYOO OYUGI, (hereinafter referred to as the petitioner) was convicted and sentenced to 20 years imprisonment for the offence of Defilement contrary to section 8!) as read with section 8(3) of eth Sexual Offences Act. He appealed in Kisumu High Court Criminal Appeal No. 125 of 2010which were dismissed and the conviction and sentence were upheld. He subsequently appealed to the Court of Appeal in Kisumu Criminal Appeal No.342 of 2011. The Court of Appeal similarly upheld his conviction and sentence.
2. By a petition filed on 12th July, 2018, the petitioner has petitioned this court for resentencing citing his long period spent in custody.
3. Mr. Muia learned counsel for the state submitted that the court has no jurisdiction to review the sentence as sought by the petitioner.
Analysis and Determination
4. The Supreme Court decision in Francis Karioki Muruatetu & Another v Republic & 5 others [2016] eKLR that declared the mandatory death sentence unconstitutional has necessitated resentencing of all persons previously sentenced to the mandatory death sentence.
5. The petitioner herein was not sentenced to death and is unfortunately therefore not eligible for resentence.
6. Consequently, the Petition is found to have no merit and it is dismissed
DATED AND SIGNED IN KISUMU THIS1stDAY OFNovember2018
T. W. CHERERE
JUDGE
Read in open court in the presence of-
Court Assistant- Felix
Petitioner- Present in person
For the State- Mr. Muia