[2022] KEHC 10473 (KLR)
The High Court held that it had no jurisdiction or discretion to re-sentence the petitioner for the offence of robbery with violence under section 296(2) of the Penal Code, as the Supreme Court's decision in Muruatetu (2017) was clarified in 2021 to apply only to murder cases. Consequently, the petition seeking...
Source-derived case information.
- Citation
- [2022] KEHC 10473 (KLR)
- Parties
- Applicant: Vitalis Shiangala Litala; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Petition 14 of 2018
- Procedural Posture
- Criminal Petition / Ruling on Petition for Re Sentencing
- Outcome
- petition struck out for want of jurisdiction
- Judges
- WM Musyoka
- Legal Topics
- Mandatory Sentencing, Resentencing Petitions, Robbery With Violence, Jurisdiction of High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Vitalis Shiangala Litala
Applicant
Republic
Respondent
Procedural Posture
Criminal Petition / Ruling on Petition for Re Sentencing
Legal Issues
- 1 Whether the Supreme Court decision in Muruatetu applies to mandatory sentences for robbery with violence.
- 2 Whether the High Court has jurisdiction to re-sentence the petitioner in light of the Supreme Court clarification.
Ratio Decidendi
The High Court held that it had no jurisdiction or discretion to re-sentence the petitioner for the offence of robbery with violence under section 296(2) of the Penal Code, as the Supreme Court's decision in Muruatetu (2017) was clarified in 2021 to apply only to murder cases. Consequently, the petition seeking re-sentencing was incompetent and was struck out.
Court Disposition
petition struck out for want of jurisdiction
Orders
- The petition dated 21st May 2018 is struck out.
- Copies of the proceedings to be availed to Vitalis Shiangala Litala and the Director of Public Prosecutions.
Full Case Text
Judgment text and source record
20 paragraphs
Litala v Republic (Criminal Petition 14 of 2018) [2022] KEHC 10473 (KLR) (24 June 2022) (Ruling)
Neutral citation: [2022] KEHC 10473 (KLR)
Republic of Kenya
In the High Court at Kakamega
Criminal Petition 14 of 2018
WM Musyoka, J
June 24, 2022
Between
Vitalis Shiangala Litala
Petitioner
and
Republic
Respondent
Ruling
1. The petition dated 21st May 2018, seeks a re-sentencing hearing on the basis of Francis Karioko Muruatetu & another vs. Republic [2017] eKLR (Maraga CJ & P, Mwilu DCJ &VP, Ojwang, Wanjala, Njoki and Lenaola SCJJ), where the court appeared to lay down a general principle that all mandatory sentences were unconstitutional, and to allow trial and appellate courts discretion to revisit cases where mandatory sentences had been imposed, with a view to revising or reviewing them.
2. The petitioner had been convicted of robbery with violence, contrary to section 296(2) of the Penal Code, Cap 63, Laws of Kenya, in Kakamega Cmccrc No. 1550 of 2010. He lodged an appeal at the High Court at Kakamega, whose details he does not disclose, but which he says was dismissed.
3. The Supreme Court has clarified, in Francis Karioko Muruatetu & another vs. Republic; Katiba Institute & 5 others (Amicus Curiae) [2021] eKLR (Koome CJ & P, Mwilu DCJ & VP, Ibrahim, Wanjala, Njoki, Lenaola & Ouko SCJJ), that its decision in Francis Karioko Muruatetu & another vs. Republic[2017] eKLR (Maraga CJ & P, Mwilu DCJ &VP, Ojwang, Wanjala, Njoki and Lenaola SCJJ) was of application only in murder cases, and not any other.
4. The offence that the petitioner was convicted of was robbery with violence, as defined in the Penal Code, Cap 63, Laws of Kenya. The decision in Francis Karioko Muruatetu & another vs. Republic [2017] eKLR (Maraga CJ & P, Mwilu DCJ &VP, Ojwang, Wanjala, Njoki and Lenaola SCJJ) is, therefore, of no application, and I have no discretion or jurisdiction to do that which the petitioner is inviting me to do.
5. The petition, dated 21st May 2018, is, therefore, incompetent, and I hereby strike it out. Let copies of these proceedings be availed to Vitalis Shiangala Litala and to the Director of Public Prosecutions.
DELIVERED, DATED AND SIGNED AT KAKAMEGA ON THIS 24th DAY OF JUNE 2022WM MUSYOKAJUDGEErick Zalo, Court Assistant.Vitalis Shiangala Litala, the petitioner, in person.Mr. Mwangi, instructed by the Director of Public Prosecutions, for the respondent.