[2022] KEHC 950 (KLR)
The court found that the applicant's request for resentencing was not tenable because the Supreme Court's decision in Francis Karioki Muruatetu & Another v Republic, which allows for resentencing in certain cases, does not extend to sexual offences. The sentence imposed under the Sexual Offences Act was found to be...
Source-derived case information.
- Citation
- [2022] KEHC 950 (KLR)
- Parties
- Applicant: Jattan Wako; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E046 of 2021
- Procedural Posture
- Miscellaneous Application / Judgment
- Outcome
- application dismissed
- Judges
- TW Cherere
- Legal Topics
- Sexual Offences, Sentencing, Resentencing Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jattan Wako
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Judgment
Legal Issues
- 1 Whether the applicant is entitled to resentencing for the offence of rape after conviction and dismissal of appeals.
- 2 Whether the Supreme Court decision in Francis Karioki Muruatetu & Another v Republic applies to sexual offences.
Ratio Decidendi
The court found that the applicant's request for resentencing was not tenable because the Supreme Court's decision in Francis Karioki Muruatetu & Another v Republic, which allows for resentencing in certain cases, does not extend to sexual offences. The sentence imposed under the Sexual Offences Act was found to be lawful, and there were no exceptional circumstances to warrant interference with the sentence. Therefore, the application for resentencing was dismissed.
Court Disposition
application dismissed
Orders
- The application for resentencing is dismissed.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
(CORAM: CHERERE- J.)
MISC.CR.APPL NO. E046 OF 2021
BETWEEN
JATTAN WAKO.................................................................................................APPLICANT
AND
REPUBLIC......................................................................................................RESPONDENT
JUDGMENT
1) On 16th June, 2016, Applicant was convicted for the offence of rape contrary to section 3(1)(b) as read with section 3 (3) of the Sexual Offences Act.
2) Applicant’s appeals to the High Court and to the Court of Appeal vide Meru High Court Criminal Case No. 58 of 2016 and Criminal Appeal No. 32 of 2018 were dismissed and the 20-year sentence was upheld.
3) Applicant seeks resentence for resentence on the grounds among others that he has reformed.
4) Ms. Mwaniki, learned counsel for the state submitted that the sentence imposed on the Applicant is lawful and urged the court to uphold it.
5) The Supreme Court decision in Francis Karioki Muruatetu & Another v Republic & 5 others [2016] eKLR does not apply to sexual offences. Consequently, the application for resentence is dismissed.
DELIVERED AT MERU THIS 04th DAY OF April 2022
WAMAE.T. W. CHERERE
JUDGE
In the presence of-
Court Assistant- Kinoti
Applicant - Present
For the State - Ms. Mwaniki