[2022] KEHC 1343 (KLR)
The court held that it is bound by the Supreme Court's directions clarifying that the Muruatetu decision on the unconstitutionality of mandatory sentences applies exclusively to murder cases under sections 203 and 204 of the Penal Code. Since the petitioner's conviction and life sentence do not arise from a murder...
Source-derived case information.
- Citation
- [2022] KEHC 1343 (KLR)
- Parties
- Applicant: Kennedy Ochieng Odongo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Constitutional Petition 14 (E018) of 2021
- Procedural Posture
- Constitutional Petition / Judgment
- Outcome
- petition dismissed
- Judges
- REA Ougo
- Legal Topics
- Resentencing, Life Imprisonment, Applicability of Muruatetu, Robbery With Violence, Supreme Court Directions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kennedy Ochieng Odongo
Applicant
Republic
Respondent
Procedural Posture
Constitutional Petition / Judgment
Legal Issues
- 1 Whether the Supreme Court decision in Muruatetu applies to resentencing in cases other than murder.
- 2 Whether the petitioner is entitled to resentencing for a life imprisonment sentence not arising from a murder conviction.
Ratio Decidendi
The court held that it is bound by the Supreme Court's directions clarifying that the Muruatetu decision on the unconstitutionality of mandatory sentences applies exclusively to murder cases under sections 203 and 204 of the Penal Code. Since the petitioner's conviction and life sentence do not arise from a murder charge, the court lacks jurisdiction to grant resentencing. The petitioner's request for resentencing is therefore dismissed.
Court Disposition
petition dismissed
Orders
- The petition for resentencing is dismissed.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KISII
CON-PET. NO.14 (E018) OF 2021
KENNEDY OCHIENG ODONGO....APPLICANT
VERSUS
REPUBLIC.......................................RESPONDENT
JUDGMENT
1. The petitioner Kennedy Ochieng Odongo in his amended petition filed on the 11/11/2021 seeks resentencing. He is currently serving a life imprisonment.
2. The petition was opposed by the State. Mr. Kaino argued that the case of Francis Karioko Muruatetu & Another vs R (2017) eKLR only applies to murder cases. That the Supreme Court has given directions that its decision in the Muruatetu case does not apply to Robbery with violence cases or sexual offences.
3. The Supreme Court on the 6/7/2021 gave directions in the Muruatetu case that its decision in the said matter only applied in respect to sentences of murder under section 203 and 204 of the Penal Code.
4. The said directions are binding to this court, thus the petitioners request for resentencing cannot be granted by this court. This petition is dismissed.
DATED, SIGNED AND DELIVERED AT KISII THIS 11TH DAY OF MARCH, 2022
R. E. OUGO
JUDGE
In the presence of:
Kennedy Ochieng Odongo Applicant
Mr. Kaino State Counsel ODPP
Kevin Court Assistant