[2022] KEHC 14631 (KLR)
The court held that the applicant was sentenced to five years' imprisonment for manslaughter, which is a discretionary sentence under Section 205 of the Penal Code. The Supreme Court's decision in Muruatetu, which addresses the constitutionality of mandatory sentences, does not apply to discretionary sentences such...
Source-derived case information.
- Citation
- [2022] KEHC 14631 (KLR)
- Parties
- Applicant: Agnes Murochia Kamunya; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 1 of 2017
- Procedural Posture
- Criminal Case / Application for Resentencing After Conviction and Sentencing
- Outcome
- Application for resentencing dismissed.
- Judges
- TW Cherere
- Legal Topics
- Manslaughter, Sentencing Discretion, Resentencing Applications, Penal Code Interpretation
- 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
Agnes Murochia Kamunya
Applicant
Republic
Respondent
Procedural Posture
Criminal Case / Application for Resentencing After Conviction and Sentencing
Legal Issues
- 1 Whether the applicant is entitled to resentencing after being convicted and sentenced for manslaughter.
- 2 Whether the Supreme Court decision in Francis Karioko Muruatetu & another v Republic applies to the applicant's sentence.
Ratio Decidendi
The court held that the applicant was sentenced to five years' imprisonment for manslaughter, which is a discretionary sentence under Section 205 of the Penal Code. The Supreme Court's decision in Muruatetu, which addresses the constitutionality of mandatory sentences, does not apply to discretionary sentences such as the one imposed on the applicant. As the applicant was not serving a mandatory minimum or maximum sentence, there was no legal basis for resentencing. The application for resentencing was therefore found to be unmerited and was dismissed.
Court Disposition
Application for resentencing dismissed.
Orders
- The application for resentencing is dismissed.
Full Case Text
Judgment text and source record
19 paragraphs
Kamunya v Republic (Criminal Case 1 of 2017) [2022] KEHC 14631 (KLR) (27 October 2022) (Judgment)
Neutral citation: [2022] KEHC 14631 (KLR)
Republic of Kenya
In the High Court at Meru
Criminal Case 1 of 2017
TW Cherere, J
October 27, 2022
Between
Agnes Murochia Kamunya
Applicant
and
Republic
Respondent
Judgment
1. On February 17, 2022, applicant was convicted of the offence of manslaughter contrary to section 202(1) as read with section 206 of the Penal Code. Subsequently on March 30, 2022, applicant was sentenced to serve 5 years’ imprisonment.
2. Applicant has neither appealed against conviction nor sentence. Punishment of manslaughter. Section 205 of the Penal Code provides that"Any person who commits the felony of manslaughter is liable to imprisonment for life.As stated hereinabove, the court in its discretion sentenced applicant to 5 years’ imprisonment.
3. It is apparent that applicant is not serving a mandatory maximum or minimum sentence to which the dicta of Supreme Court in Francis Karioko Muruatetu & another v Republic; Katiba Institute & 5 others (Amicus Curiae) [2021] eKLR applies.
4. I therefore find that this application for resentence is unmerited and it is dismissed
DELIVERED AT MERU THIS 27TH DAY OF OCTOBER 2022WAMAE T W CHEREREJUDGEAppearancesCourt Assistant - KinotiApplicant - Present in personFor Applicant - Mr. OmariFor the State - Ms. Mwaniki (PPC)