[2020] KEHC 10326 (KLR)
The court held that, in accordance with the directions issued by the Criminal Division of the High Court following the Supreme Court's decision in Muruatetu, applications for resentencing in cases involving mandatory sentences such as robbery with violence should be remitted to the trial court for mitigation and...
Source-derived case information.
- Citation
- [2020] KEHC 10326 (KLR)
- Parties
- Applicant: John Maina Macharia; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E228 of 2020
- Procedural Posture
- Miscellaneous Criminal Application / Application for Resentencing Following Exhaustion of Appeals
- Outcome
- Application allowed in part; matter remitted to trial court for resentencing.
- Legal Topics
- Resentencing, Robbery With Violence, Penal Code Section 296 2, Muruatetu Guidelines
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
John Maina Macharia
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Application for Resentencing Following Exhaustion of Appeals
Legal Issues
- 1 Whether the applicant is entitled to resentencing in light of the Supreme Court decision in Francis Karioko Muruatetu v R [2017] eKLR.
- 2 Whether the High Court or the trial court is the proper forum for resentencing after the Muruatetu decision.
Ratio Decidendi
The court held that, in accordance with the directions issued by the Criminal Division of the High Court following the Supreme Court's decision in Muruatetu, applications for resentencing in cases involving mandatory sentences such as robbery with violence should be remitted to the trial court for mitigation and resentencing. The High Court declined to conduct the resentencing itself due to the absence of supporting documentation and the established procedure requiring the trial court to handle mitigation and determine the appropriate sentence. The applicant is therefore to be presented before the Makadara Chief Magistrate's Court for mitigation and resentencing.
Court Disposition
Application allowed in part; matter remitted to trial court for resentencing.
Orders
- Makadara Chief Magistrate’s Criminal Case No. 6078 of 2003 to be placed before a Magistrate with competent jurisdiction for mitigation and resentencing.
- Applicant to be arraigned before the said court on 14th December 2020.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
MISCELLANEOUS CRIMINAL APPLICATION NO. E228 OF 2020
JOHN MAINA MACHARIA............................................................APPLICANT
VERSUS
REPUBLIC......................................................................................RESPONDENT
RULING
John Maina Macharia the Applicant is a convict for the offence of robbery with violencecontrary toSection 296(2)of thePenal Code.He has exhausted all the processes of appeal. He is therefore seeking an order from this court directing the Lower Court (Makadara) to hear him on resentencing in accordance with the decision in Francis Karioko Muruatetu v R [2017] eKLR.
I have had a chance to read the directions in operation in this Division on resentencing in respect to the Muruatetu decision.
The Applicant had orally requested this court to do the resentencing. Besides his application there is no other document to enable this court deal with the matter, at the moment.
I therefore as per the operating directions order that the Makadara Chief Magistrate’s Criminal Case No. 6078 of 2003 be placed before a Magistrate with competent jurisdiction before that court for mitigation by the Applicant before resentencing.
The Applicant to be arraigned before the said court on 14th December 2020.
Orders accordingly.
Delivered, signed and dated in open court at Nairobi this 26th day of November, 2020.
H. I. ONG’UDI
JUDGE