[2022] KEHC 3114 (KLR)
The court held that, in light of the directions issued in Philip Mueke Maingi & others v Director of Public Prosecutions & another and the Supreme Court's decision in Muruatetu, it is appropriate to consider the applicant's request for a rehearing of his sentence. The court found that the mandatory nature of the...
Source-derived case information.
- Citation
- [2022] KEHC 3114 (KLR)
- Parties
- Applicant: Julius Kipkemboi Korir; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E004 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Rehearing of Sentence
- Outcome
- Application allowed to the extent of transferring the matter for rehearing of sentence.
- Judges
- WM Musyoka
- Legal Topics
- Sexual Offences Sentencing, Mandatory Sentences, Rehearing of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Julius Kipkemboi Korir
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Rehearing of Sentence
Legal Issues
- 1 Whether the applicant is entitled to a rehearing of sentence following developments in the law regarding mandatory sentences for sexual offences.
- 2 Whether the High Court should exercise discretion to review the applicant's sentence in light of recent judicial directions.
Ratio Decidendi
The court held that, in light of the directions issued in Philip Mueke Maingi & others v Director of Public Prosecutions & another and the Supreme Court's decision in Muruatetu, it is appropriate to consider the applicant's request for a rehearing of his sentence. The court found that the mandatory nature of the sentence imposed under section 3(1) of the Sexual Offences Act is now subject to judicial discretion, and that the applicant is entitled to have his sentence reviewed in accordance with the new legal position. The court therefore directed that the trial records be called for and that the matter be transferred to the Vihiga High Court for further proceedings, including a mention...
Court Disposition
Application allowed to the extent of transferring the matter for rehearing of sentence.
Orders
- The Deputy Registrar is directed to call for the trial records in Vihiga PMCCRC No. 1912 of 2003 and Kakamega HCCRA No. 157 of 2011.
- The matter is transferred to the Vihiga High Court to be mentioned there on 19th July 2022.
Full Case Text
Judgment text and source record
19 paragraphs
Korir v Republic (Miscellaneous Application E004 of 2021) [2022] KEHC 3114 (KLR) (24 June 2022) (Ruling)
Neutral citation: [2022] KEHC 3114 (KLR)
Republic of Kenya
In the High Court at Kakamega
Miscellaneous Application E004 of 2021
WM Musyoka, J
June 24, 2022
Between
Julius Kipkemboi Korir
Applicant
and
Republic
Respondent
Ruling
1. The Motion herein, dated 18th October 2021, principally seeks a rehearing of the matter for the purposes of sentence. The applicant had been convicted in Vihiga PMCCRC No. 1912 of 2003, of the offence of rape, contrary to section 3(1) of the Sexual Offences Act, No. 3 of 2006, and was sentenced to twenty years imprisonment.
2. The High Court, in Philip Mueke Maingi & others v Director of Public Prosecutions & anotherMachakos HCPet. No. E017 of 2021 (Odunga J), has, on 17th May 2022, given directions, with respect to mandatory sentences for sexual offences, akin to those given in Francis Karioko Muruatetu & another v Republic[2017] eKLR (Maraga CJ & P, Mwilu DCJ &VP, Ojwang, Wanjala, Njoki and Lenaola SCJJ).
3. To enable me exercise discretion in the matter in the manner ordered or directed in Philip Mueke Maingi & others v Director of Public Prosecutions & another Machakos HCPet. No. E017 of 2021 (Odunga J), I do hereby direct the Deputy Registrar to call for the trial records in Vihiga PMCCRC No. 1912 of 2003 and Kakamega HCCRA No. 157 of 2011.
4. The matter arises from a criminal matter tried by the Vihiga Principal Magistrate’s Court, and, therefore, the matter shall be transferred to the Vihiga High Court, to be mentioned there on 19th July 2022. A production order shall issue out of the Vihiga cause. Copies of this ruling to be made available to the applicant and the Office of the Director of Public Prosecutions Vihiga.
DELIVERED, DATED AND SIGNED AT KAKAMEGA ON THIS 24th DAY OF June 2022WM MUSYOKAJUDGEErick Zalo, Court Assistant.Julius Kipkemboi Korir, the applicant, in person.