[2022] KEHC 926 (KLR)
The court determined that proceeding with the resentencing application without first obtaining and considering submissions from the victim's family would be prejudicial to their interests and contrary to the Supreme Court's guidelines in Muruatetu. Therefore, the court ordered that a report containing the victim's...
Source-derived case information.
- Citation
- [2022] KEHC 926 (KLR)
- Parties
- Applicant: Julius Waititu Muthuita; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- ? 8 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling on Resentencing Application
- Outcome
- Adjourned for victim's family submissions; order for Probation Officer to provide report.
- Judges
- CM Njagi
- Legal Topics
- Resentencing Guidelines, Victim Impact Statements, Murder Conviction, Supreme Court Guidance
- 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
Julius Waititu Muthuita
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Resentencing Application
Legal Issues
- 1 Whether the court can proceed with resentencing without submissions from the victim's family as required by the Supreme Court guidelines.
- 2 Whether the absence of a victim impact report prejudices the resentencing process.
Ratio Decidendi
The court determined that proceeding with the resentencing application without first obtaining and considering submissions from the victim's family would be prejudicial to their interests and contrary to the Supreme Court's guidelines in Muruatetu. Therefore, the court ordered that a report containing the victim's family's submissions be provided by the Probation Officer before the resentencing hearing can proceed.
Court Disposition
Adjourned for victim's family submissions; order for Probation Officer to provide report.
Orders
- The Probation Officer Nyeri is to provide a submissions report from the victim's family before resentencing proceeds.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
MISC. No. 8 of 2020
JULIUS WAITITU MUTHUITA .........APPLICANT
VERSUS
REPUBLIC ..........................................RESPONDENT
RULING
The applicant herein has filed an application dated 17th February, 2020 seeking for re-hearing of his sentence upon being convicted and sentenced for the offence of murder in the year 2005. The matter is coming up today for the ruling of the court on resentencing .
On the 6th July 2021 the Supreme Court gave directions in the case of Francis Karioko Muruatetu and another Versus Republic, Katiba Institute and 5 others (amicus curiae)(2021)eKLR wherein the court gave guidelines to assist courts in re-sentencing hearings.
Guideline No. (v) of the same provides as follows:
“In re-sentencing hearings the court must record the prosecution’s and the appellants submissions under section 329 of the Criminal Procedure Code, as well as those of the victims before deciding on the suitable sentence.”
Upon perusing the court file I have noted that there is no report from the victim’s family. It would be prejudicial to the victim’s family to proceed with re-sentencing before hearing them.
In the circumstances, I order that the Probation Officer Nyeri do provide a submissions report from the victim’s family.
DELIVERED, DATED AND SIGNED IN OPEN COURT AT NYERI THIS 17TH DAY OF MARCH 2022.
J. N. NJAGI
JUDGE