[2021] KEHC 2244 (KLR)
The court held that the Supreme Court's decision in Muruatetu applies specifically to mandatory sentences for murder under section 204 of the Penal Code. Since the applicant's conviction was for murder, the application falls within the scope of the Muruatetu decision. The court directed that the application be...
Source-derived case information.
- Citation
- [2021] KEHC 2244 (KLR)
- Parties
- Applicant: Henry Likhanga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 97 of 2019
- Procedural Posture
- Miscellaneous Criminal Application / Directions on Application Following Supreme Court Clarification on Mandatory Sentences
- Outcome
- Directions issued for further proceedings on the application for review of mandatory sentence for murder.
- Judges
- DN Musyoka
- Legal Topics
- Mandatory Sentencing, Murder Conviction, Supreme Court Guidance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Henry Likhanga
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Directions on Application Following Supreme Court Clarification on Mandatory Sentences
Legal Issues
- 1 Whether the Supreme Court decision in Francis Karioko Muruatetu & another vs. Republic [2017] eKLR applies to mandatory sentences for murder convictions.
- 2 What directions should be given in light of the Supreme Court clarification limiting the application of Muruatetu to murder cases.
Ratio Decidendi
The court held that the Supreme Court's decision in Muruatetu applies specifically to mandatory sentences for murder under section 204 of the Penal Code. Since the applicant's conviction was for murder, the application falls within the scope of the Muruatetu decision. The court directed that the application be served on the Director of Public Prosecutions and that reports from the County Director of Probation and aftercare Services and the Kenya Prison Service be prepared to inform the court's consideration of the application. The matter is to proceed by way of written submissions, and further directions will be given after mention.
Court Disposition
Directions issued for further proceedings on the application for review of mandatory sentence for murder.
Orders
- The Deputy Registrar shall make the undated Motion lodged on 8th November 2019 available to the Director of Public Prosecutions, Kakamega.
- The application shall be canvassed by way of written submissions.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
MISCELLANEOUS CRIMINAL APPLICATION NO. 97 OF 2019
HENRY LIKHANGA...................................................................................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 matter arises from a conviction for murder in Kakamega HCCCRC No. 32 of 2005. The decision in Francis Karioko Muruatetu & another vs. Republic[2017] eKLR (Maraga CJ&P, Mwilu DCJ&VP, Ojwang, Wanjala, Njoki and Lenaola SCJJ), therefore applies to it. Let the Deputy Registrar cause the undated Motion lodged herein on 8th November 2019 be made available to the Director of Public Prosecutions, Kakamega. The application shall be canvassed by way of written submissions, and the County Director of Probation and aftercare Services and the Kenya Prison Service are hereby directed to prepare and file reports on the circumstances of the applicant.
3. The Deputy Registrar shall fix the matter for mention for further directions, and shall cause copies of this ruling to be availed to the applicant, the Kakamega office of Director of Public Prosecutions, the Kakamega County Director of Probation and aftercare Services and the Kenya Prisons Service.
PREPARED, DATED AND SIGNED AT KAKAMEGA THIS 12TH DAY OF NOVEMBER, 2021
W. MUSYOKA
JUDGE