[2021] KEHC 2215 (KLR)
The court held that the petition is not based on the Muruatetu decision, as it does not seek a review of sentence for a murder conviction but rather seeks a retrial on the grounds of new and compelling evidence. Therefore, the petition should proceed for hearing in the ordinary course, and the Deputy Registrar is...
Source-derived case information.
- Citation
- [2021] KEHC 2215 (KLR)
- Parties
- Petitioner: Jasca Kadali Ugwogu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Petition 3 of 2018
- Procedural Posture
- Criminal Petition / Directions Ruling
- Outcome
- Petition to proceed for hearing in the usual way; directions issued for mention date allocation.
- Judges
- DN Musyoka
- Legal Topics
- Mandatory Sentencing, Retrial, New and Compelling Evidence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jasca Kadali Ugwogu
Petitioner
Republic
Respondent
Procedural Posture
Criminal Petition / Directions Ruling
Legal Issues
- 1 Whether the petition is founded on the Muruatetu decision regarding mandatory sentences for murder cases.
- 2 Whether the petitioner is entitled to a retrial based on new and compelling evidence.
Ratio Decidendi
The court held that the petition is not based on the Muruatetu decision, as it does not seek a review of sentence for a murder conviction but rather seeks a retrial on the grounds of new and compelling evidence. Therefore, the petition should proceed for hearing in the ordinary course, and the Deputy Registrar is directed to allocate a mention date for directions on the disposal of the petition.
Court Disposition
Petition to proceed for hearing in the usual way; directions issued for mention date allocation.
Orders
- The petition shall proceed for hearing in the usual way.
- The Deputy Registrar shall allocate the matter a date for mention for directions on the disposal of the petition.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
CRIMINAL PETITION NO. 3 OF 2018
JASCA KADALI UGWOGU..........................................................................PETITIONER
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 petition herein, dated 13th March 2018, and filed herein on even date, is not founded on Francis Karioko Muruatetu & another vs. Republic[2017] eKLR (Maraga CJ&P, Mwilu DCJ&VP, Ojwang, Wanjala, Njoki and Lenaola SCJJ), for the petitioner does not seek review of sentence, but a retrial founded on new and compelling evidence.
3. Consequently, the same shall proceed for hearing in the usual way. Let the Deputy Registrar allocate the matter a date for mention for directions on the disposal of the petition.
4. The Deputy Registrar shall cause a copy of this ruling to be availed to the applicant and the office of Director of Public Prosecutions, Kakamega.
PREPARED, DATED AND SIGNED AT KAKAMEGA THIS 12TH DAY OF NOVEMBER, 2021
W MUSYOKA
JUDGE