[2025] KEHC 7199 (KLR)

[2025] KEHC 7199 (KLR)

The court found that the petitioner's death sentence had been commuted to life imprisonment by the President's exercise of the power of mercy under Article 133 of the Constitution, as evidenced by Gazette Notice No. 9566 of 19/7/2023. Consequently, the petitioner was no longer serving a death sentence at the time of the hearing, rendering the petition moot. The court held that proceeding to determine the constitutional challenge to the mandatory death penalty would be an academic exercise, as the relief sought had already been overtaken by events. The petition was therefore struck off for want of a live controversy.

Citation
[2025] KEHC 7199 (KLR)
Parties
Appellant: Ltankiyan Lemarleni; Respondent: Republic
Court
High Court
Court Station
High Court at Isiolo
Jurisdiction
Kenya
Judgment Date
22 May 2025
Case Number
Criminal Petition E003 of 2024
Procedural Posture
Criminal Petition / Judgment
Outcome
petition struck out as moot
Judges
SC Chirchir
Legal Topics
Mandatory Sentencing, Death Penalty, Mitigation Rights, Commutation of Sentence
Source Language
English
Criminal Law Constitutional Law Mandatory Sentencing Death Penalty Mitigation Rights Commutation of Sentence

Case Brief

Summary, issues, holding and outcome

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Parties

Ltankiyan Lemarleni

Appellant

Republic

Respondent

Procedural Posture

Criminal Petition / Judgment

Legal Issues

  1. 1 Whether the petition challenging the constitutionality of the mandatory death sentence for robbery with violence is competent in light of the presidential commutation to life imprisonment.
  2. 2 Whether the petitioner is entitled to resentencing or mitigation following the Supreme Court's directions in the Muruatetu case.

Ratio Decidendi

The court found that the petitioner's death sentence had been commuted to life imprisonment by the President's exercise of the power of mercy under Article 133 of the Constitution, as evidenced by Gazette Notice No. 9566 of 19/7/2023. Consequently, the petitioner was no longer serving a death sentence at the time of the hearing, rendering the petition moot. The court held that proceeding to determine the constitutional challenge to the mandatory death penalty would be an academic exercise, as the relief sought had already been overtaken by events. The petition was therefore struck off for want of a live controversy.

Court Disposition

petition struck out as moot

Orders

  • The petition is hereby struck off.
  • Right of appeal within 14 days.