[2021] KEHC 6835 (KLR)
The High Court determined that it has no jurisdiction to review or alter a sentence imposed by the Court of Appeal. The court further held that the principles established in the Muruatetu case regarding mandatory minimum or maximum sentences do not apply to the petitioner's case, as the sentence for manslaughter was...
Source-derived case information.
- Citation
- [2021] KEHC 6835 (KLR)
- Parties
- Appellant: Kenneth Mutethia Muriuki; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Petition E008 of 2020
- Procedural Posture
- Criminal Petition / Judgment
- Outcome
- petition dismissed
- Judges
- TW Cherere
- Legal Topics
- Manslaughter Sentencing, Jurisdiction of High Court, Review of Appellate Decisions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenneth Mutethia Muriuki
Appellant
Republic
Respondent
Procedural Posture
Criminal Petition / Judgment
Legal Issues
- 1 Whether the High Court has jurisdiction to review a sentence imposed by the Court of Appeal.
- 2 Whether the Muruatetu principles on mandatory sentencing apply to the petitioner.
- 3 Whether the period spent in custody should be considered in the sentence imposed by the Court of Appeal.
Ratio Decidendi
The High Court determined that it has no jurisdiction to review or alter a sentence imposed by the Court of Appeal. The court further held that the principles established in the Muruatetu case regarding mandatory minimum or maximum sentences do not apply to the petitioner's case, as the sentence for manslaughter was imposed at the discretion of the Court of Appeal and was neither a mandatory minimum nor maximum. Any grievance regarding the consideration of time spent in custody should be addressed to the Court of Appeal, not the High Court. Consequently, the petition was found to be misguided and was dismissed.
Court Disposition
petition dismissed
Orders
- The petition is disallowed.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
(CORAM: CHERERE- J.)
CRIMINAL PETITION NO. E008 OF 2020
BETWEEN
KENNETH MUTETHIA MURIUKI...........................................................PETITIONER
AND
REPUBLIC...................................................................................................RESPONDENT
JUDGMENT
1) By a judgment in MERU HC. CR.C. NO. 68 OF 2013, Petitioner was convicted for murder and sentenced to suffer death
2) His appeal to the Court of Appeal vide NYERI CRIMINAL APPEAL NO. 139 OF 2017 was successful and he was found guilty of manslaughter and sentenced to serve 15 years from 18th July, 2017 when he was sentenced.
3) Section 205 of the Penal Code provides that Manslaughter
Any person who commits the felony of manslaughter is liable to imprisonment for life.
4) The Court of Appeal in its wisdom finding the Petitioner guilty of manslaughter exercised its discretion and sentenced him to serve 15 years from 18th July, 2017 when he was initially sentenced by the High Court.
5) I have considered the principle in the Muruatetu case and I find that it is not applicable to this case for the reason that the Petitioner was neither sentenced to a mandatory minimum nor maximum sentence.
6) And even if the Petitioner is of the view that the sentence ought to have taken into account the period spent in custody, his remedy lies not with this court but with the Court of Appeal for the reason that this court lacks jurisdiction to review a Court of Appeal decision.
7) From the foregoing, I find that this Petition is misguided and it is disallowed.
DELIVERED AT MERU THIS 20th DAY OF May 2021
T. W. CHERERE
JUDGE
In the presence of-
Court Assistant - Kinoti
Petitioner - Present
For Petitioner - Mr. Omari for Kaberia Arimba & Co. Advocates
For the State - Ms. Mbithe