[2023] KEHC 19308 (KLR)
The court found that Article 22(1) of the Constitution does not provide a basis for reviewing or altering the applicant's sentence in the circumstances presented. The applicant's conviction and sentence for murder had already been upheld on appeal, and the trial judge had exercised discretion in imposing a...
Source-derived case information.
- Citation
- [2023] KEHC 19308 (KLR)
- Parties
- Applicant: Carlos Muli Kimeu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E005 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Sentence Review/medical Grounds
- Outcome
- application dismissed
- Judges
- A. Ong’injo
- Legal Topics
- Sentence Review, Medical Care in Prison, Murder Conviction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Carlos Muli Kimeu
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Sentence Review/medical Grounds
Legal Issues
- 1 Whether the applicant is entitled to sentence review or release on medical grounds under Article 22(1) of the Constitution.
- 2 Whether the prison authorities are obligated to provide medical care to the applicant.
Ratio Decidendi
The court found that Article 22(1) of the Constitution does not provide a basis for reviewing or altering the applicant's sentence in the circumstances presented. The applicant's conviction and sentence for murder had already been upheld on appeal, and the trial judge had exercised discretion in imposing a determinate sentence after considering mitigation and probation reports. The medical and progress reports submitted were insufficient to justify release or sentence review. The court emphasized that the responsibility for providing medical care to inmates lies with the prison authorities, and the applicant should receive appropriate treatment while serving his sentence. Consequently,...
Court Disposition
application dismissed
Orders
- The application for sentence review or release on medical grounds is dismissed.
- The applicant shall continue to serve his sentence as imposed.
Full Case Text
Judgment text and source record
20 paragraphs
Kimeu v Republic (Miscellaneous Criminal Application E005 of 2023) [2023] KEHC 19308 (KLR) (29 June 2023) (Order)
Neutral citation: [2023] KEHC 19308 (KLR)
Republic of Kenya
In the High Court at Mombasa
Miscellaneous Criminal Application E005 of 2023
A. Ong’injo, J
June 29, 2023
Between
Carlos Muli Kimeu
Applicant
and
Republic
Respondent
Order
29/06/2023Before Hon. Lady Justice A. Ong’injo JOgwel – Court Asst.Mr. Ngiri – Court Prosecutor O R D E R 1. Applicant was charged with the offence of murder in Mombasa High Court CR. Case No. 12 of 2012 and was convicted and sentenced to serve 25 years imprisonment.
2. His appeal to the Court of Appeal was dismissed and conviction and sentence in CR. Appeal No. 67 of 2020 upheld for reasons that although penalty under Section 204 of the penal code is death penalty the trial Judge excused her discretion and opted to impose a determinate sentence in a well-reasoned ruing delivered on April 11, 2019 in which she considered the Probation Report and Submission on mitigation.
3. The Application pursuant to article 22(1) of the Constitution of Kenya does not therefore apply in the circumstances and cannot be adjudicated in this application. The prison authorities have a duty to accord Medical Health care to prisoners/inmates under their charge including those diagnosed with kidney infection.
4. The report in letter dated June 21, 2022 by Evans Agalo and the information in the Prisoners Progress Report is not sufficient to find that applicant should not serve his sentence.
5. Application dismissed.
DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 29TH DAY OF JUNE 2023. HON. LADY JUSTICE A. ONG’INJOJUDGE