[2021] KEHC 8131 (KLR)

[2021] KEHC 8131 (KLR)

The court found that the petitioner was sentenced to a term of 15 years, which was not a mandatory sentence. The Muruatetu Rules, as established by the Supreme Court, only apply to cases where a mandatory sentence was imposed. Since the petitioner's sentence was discretionary and not mandatory, he does not qualify...

Source-derived case information.

Citation
[2021] KEHC 8131 (KLR)
Parties
Petitioner: Kasambala Taabu Machage; Respondent: Director of Public Prosecution
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Case Number
Petition 72 of 2020
Procedural Posture
Constitutional Petition / Ruling
Outcome
petition dismissed
Judges
DO Ogembo
Legal Topics
Resentencing, Muruatetu Guidelines, Mandatory Sentences
Source Language
en
Criminal Law Resentencing Muruatetu Guidelines Mandatory Sentences

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Summary, issues, holding and outcome

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Parties

Kasambala Taabu Machage

Petitioner

Director of Public Prosecution

Respondent

Procedural Posture

Constitutional Petition / Ruling

Legal Issues

  1. 1 Whether the petitioner qualifies for resentencing under the Muruatetu Rules.
  2. 2 Whether the High Court has jurisdiction to vary the original sentence imposed.

Ratio Decidendi

The court found that the petitioner was sentenced to a term of 15 years, which was not a mandatory sentence. The Muruatetu Rules, as established by the Supreme Court, only apply to cases where a mandatory sentence was imposed. Since the petitioner's sentence was discretionary and not mandatory, he does not qualify for resentencing under the Muruatetu framework. Furthermore, the court held that it has no power to vary the judgment in the absence of an appeal or review mechanism. The petition was therefore dismissed for want of merit, and the petitioner is to serve the full sentence imposed.

Court Disposition

petition dismissed

Orders

  • The petition is dismissed for want of merit.
  • The petitioner shall serve the full sentence of 15 years.