[2020] KEHC 2122 (KLR)
The court found that the applicant, having served approximately 17 years in custody and demonstrated significant rehabilitation through religious training and vocational skills, deserved a reconsideration of her sentence. The Supreme Court's decision in Muruatetu rendered the mandatory death sentence...
Source-derived case information.
- Citation
- [2020] KEHC 2122 (KLR)
- Parties
- Applicant: Irene Chebet alias Alice; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 186 of 2018
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Resentencing Application Following Supreme Court Decision
- Outcome
- application allowed; applicant released subject to probation
- Judges
- HK Chemitei
- Legal Topics
- Resentencing, Death Penalty, Mitigation of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Irene Chebet alias Alice
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Resentencing Application Following Supreme Court Decision
Legal Issues
- 1 Whether the applicant is entitled to resentencing following the Supreme Court decision in Muruatetu.
- 2 Whether the applicant's period of incarceration and rehabilitation justify a reduction of sentence.
Ratio Decidendi
The court found that the applicant, having served approximately 17 years in custody and demonstrated significant rehabilitation through religious training and vocational skills, deserved a reconsideration of her sentence. The Supreme Court's decision in Muruatetu rendered the mandatory death sentence unconstitutional, requiring courts to consider individual circumstances and mitigation. The court exercised its discretion to set the applicant free, subject to a probation period, as her continued incarceration was no longer justified in light of her reformation and the legal developments.
Court Disposition
application allowed; applicant released subject to probation
Orders
- The applicant is set free unless lawfully held on other grounds.
- The applicant shall serve a probation period of one year as advised by the relevant probation office.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KITALE
MISCELLENEUOS CRIMINAL APPLICATION NO. 186 OF 2018
IRENE CHEBET ALIAS ALICE............................................................APPLICANT
VERSES
REPUBLIC.............................................................................................RESPONDENT
RULING
1. The Applicant’s application dated 7th December, 2018 is premised on the Supreme Court decision in the case of Muruatetu & another verses Republic, petition number 15 and 16 of 2017. That now famous decision emphasised that death sentence was not the only efficacious punishment in capital offences. It further gave a lifeline to those earlier sentenced like the applicant herein to ask that their sentence be considered afresh.
2. The Applicant was sentence to death by this court on the 14th day of December 2005. Her appeal to the Court of Appeal was rejected on the 23rd May 2014. Since then she has been in custody which she still is to date. She submitted that she left behind two children who are now in their late teens. Other than that she has learned a lot while in prison and she produced several testimonials to that effect.
3. It appears that other than religious training she has learned and graduated in tailoring as per the report from the prison authorities.
4. The state counsel did not oppose her application but left it to the discretion of the court.
5. The court has taken into account the application as well as the above cited authority and it is of the considered opinion that the applicants stay in prison for about 17 years has taught her a lesson. It is however necessary that she be granted another lease of life outside. Hopefully she should put into use the training she has attained while in custody for herself and her children.
6. The Applicant is hereby set free unless lawfully held. She shall further serve a probation period of one year as shall be advised by the relevant probation office.
7. Orders accordingly.
Dated, signed and delivered at Kitale this 1st day of October 2020.
..............................
H. K. CHEMITEI
JUDGE
1/10/2020
In the presence of:-
Miss Mumo for Respondent
Applicant – present
Court Assistant – Kirong
Ruling read in open court.