[2021] KEHC 474 (KLR)
The court held that the Supreme Court's decision in Muruatetu, which declared the mandatory nature of the death penalty unconstitutional, is limited to the offence of murder and does not extend to robbery with violence. The Supreme Court expressly directed that Muruatetu cannot be used as authority for challenging...
Source-derived case information.
- Citation
- [2021] KEHC 474 (KLR)
- Parties
- Applicant: Justus Cheruiyot Chumba; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Petition E001 of 2021
- Procedural Posture
- Constitutional Petition / Ruling
- Outcome
- petition dismissed
- Judges
- AN Ongeri
- Legal Topics
- Mandatory Death Penalty, Robbery With Violence, Application of Supreme Court Precedent
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Justus Cheruiyot Chumba
Applicant
Republic
Respondent
Procedural Posture
Constitutional Petition / Ruling
Legal Issues
- 1 Whether the Supreme Court decision in Muruatetu applies to mandatory death sentences for robbery with violence.
- 2 Whether the High Court can entertain a petition challenging the mandatory death penalty for robbery with violence based on Muruatetu.
Ratio Decidendi
The court held that the Supreme Court's decision in Muruatetu, which declared the mandatory nature of the death penalty unconstitutional, is limited to the offence of murder and does not extend to robbery with violence. The Supreme Court expressly directed that Muruatetu cannot be used as authority for challenging mandatory sentences in other capital offences unless such challenges are properly filed and argued. Therefore, the High Court lacks jurisdiction to entertain the petitioner's challenge to the mandatory death penalty for robbery with violence based solely on Muruatetu, and the petition must be dismissed.
Court Disposition
petition dismissed
Orders
- The petition is dismissed.
- The file is marked as closed.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KERICHO
HCCHR PETITION NO.E001 OF 2021
JUSTUS CHERUIYOT CHUMBA.....APPLICANT
VERSUS
REPUBLIC........................................RESPONDENT
RULING
1. The petitioner herein filed this petition pursuant to the Supreme Court ruling that the mandatory nature of the death penalty is unconstitutional.
2. The petitioner was charged with robbery with violence and sentenced to death.
3. Following the directions given by the Supreme Court that the Muruatetu case does not apply to cases of robbery with violence, this petition cannot be entertained by this court.
4. The Supreme Court of Kenya in Petition no. 15 & 16 (consolidated)- Directions of the court, stated at Paragraph 14 and 15 as follows: “It should be apparent from the foregoing that Muruatetu cannot be the authority for stating that all provisions of the law prescribing mandatory or minimum sentences are inconsistent with the Constitution. It bears restating that it was a decision involving the two Petitioners who approached the Court for specific reliefs. The ultimate determination was confined to the issues presented by the Petitioners, and as framed by the Court. To clear the confusion that exists with regard to the mandatory death sentence in offences other than murder, we direct in respect of other capital offences such as treason under Section 40 (3), robbery with violence under Section 296 (2), and attempted robbery with violence under Section 297 (2) of the Penal Code, that a challenge on the constitutional validity of the mandatory death penalty in such cases should be properly filed, presented, and fully argued before the High Court and escalated to the Court of Appeal, if necessary, at which a similar outcome as that in this case may be reached. Muruatetu as it now stands cannot directly be applicable to those cases.”
5. This petition is accordingly dismissed and this file is marked as closed.
DELIVERED, DATED AND SIGNED AT KERICHO THIS 1ST DAY OF OCTOBER, 2021
A. N. ONGERI
JUDGE