[2023] KEHC 22499 (KLR)
The court held that the Supreme Court in Muruatetu (2) expressly limited the application of its guidelines on re-sentencing to murder cases under sections 203 and 204 of the Penal Code. Since the petitioner was convicted of robbery with violence, an offence outside the scope of the Muruatetu guidelines, and had...
Source-derived case information.
- Citation
- [2023] KEHC 22499 (KLR)
- Parties
- Applicant: Silas Imbati; Respondent: ODDP
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Petition E006 of 2022
- Procedural Posture
- Criminal Petition / Ruling on Petition for Re Sentencing
- Outcome
- petition dismissed
- Judges
- PJO Otieno
- Legal Topics
- Re Sentencing Guidelines, Robbery With Violence, Appellate Review, Muruatetu Jurisprudence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Silas Imbati
Applicant
ODDP
Respondent
Procedural Posture
Criminal Petition / Ruling on Petition for Re Sentencing
Legal Issues
- 1 Whether the petitioner, convicted of robbery with violence, is entitled to re-sentencing pursuant to the Muruatetu decisions.
- 2 Whether the Supreme Court's guidelines in Muruatetu (2) apply to offences other than murder.
Ratio Decidendi
The court held that the Supreme Court in Muruatetu (2) expressly limited the application of its guidelines on re-sentencing to murder cases under sections 203 and 204 of the Penal Code. Since the petitioner was convicted of robbery with violence, an offence outside the scope of the Muruatetu guidelines, and had exhausted all appellate remedies, he was not entitled to seek re-sentencing. The petitions were therefore dismissed for lack of merit.
Court Disposition
petition dismissed
Orders
- The two petitions for re-sentencing are dismissed.
Full Case Text
Judgment text and source record
18 paragraphs
Imbati v ODDP (Criminal Petition E006 of 2022) [2023] KEHC 22499 (KLR) (21 September 2023) (Ruling)
Neutral citation: [2023] KEHC 22499 (KLR)
Republic of Kenya
In the High Court at Kakamega
Criminal Petition E006 of 2022
PJO Otieno, J
September 21, 2023
Between
Silas Imbati
Petitioner
and
ODDP
Respondent
Ruling
1. Having perused the two Petitions by the Petitioner seeking to be re-sentenced pursuant to the Muruatetu (1)1 decision, and upon reading the proceedings at trial, those on appeal at the High Court and in the Court of Appeal, the court finds that the petitioner having been charged with the offence of robbery with violence is not subject for consideration for re-sentencing.1Francis Karioko Muruatetu & Another –vs- Republic [2017] eKLR
2. In its directions to the Courts below it, the Supreme Court in Muruatetu (2)2 did direct as follows:2Francis Karioko Muruatetu & Another –vs- Republic [2021] eKLR“Having considered all the foregoing, to obviate further delay and avoid confusion, we now issue these guidelines to assist the courts below us as follows:(i)The decision of Muruatetu and these guidelines apply only in respect to sentences of murder under section 203 and 204 of the Penal Code…”
3. It is obvious that having been charged, and convicted of robbery with violence and having exhausted his appellate rights, the petitioner is not entitled to seek re-sentencing before this court. The two Petitions are therefore dismissed.
DATED, SIGNED AND DELIVERED AT KAKAMEGA THIS 21ST DAY OF SEPTEMBER, 2023. PATRICK J. O. OTIENOJUDGE