Murungi v Republic (Criminal Miscellaneous Application E038 of 2024) [2026] KEHC 5679 (KLR) (23 April 2026) (Directions)

Murungi v Republic (Criminal Miscellaneous Application E038 of 2024) [2026] KEHC 5679 (KLR) (23 April 2026) (Directions)

The court is competent to entertain the application for mitigation and sentence re-hearing as the applicant did not pursue his appeal and the Supreme Court guidelines in Muruatetu apply.

Citation
[2026] KEHC 5679 (KLR)
Parties
Applicant: James Kinyua Murungi; Respondent: Republic
Court
High Court
Jurisdiction
Kenya
Judgment Date
23 April 2026
Case Number
Criminal Miscellaneous Application E038 of 2024
Procedural Posture
Criminal Miscellaneous Application / Ruling on Application for Mitigation and Sentence Re Hearing
Outcome
Application allowed for preparation of re-sentence report
Legal Topics
Murder, Sentencing, Re Sentencing, Mitigation
Source Language
English

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Parties

James Kinyua Murungi

Applicant

Republic

Respondent

Procedural Posture

Criminal Miscellaneous Application / Ruling on Application for Mitigation and Sentence Re Hearing

  1. 1 Whether the applicant is entitled to mitigation and sentence re-hearing following the Supreme Court decision in Muruatetu

Ratio Decidendi

The court is competent to entertain the application for mitigation and sentence re-hearing as the applicant did not pursue his appeal and the Supreme Court guidelines in Muruatetu apply.

Court Disposition

Application allowed for preparation of re-sentence report

Orders

  • A re-sentence report to be prepared by the Probation office within 30 days.