[2022] KEHC 10463 (KLR)
The court recognized that recent High Court jurisprudence, specifically the decision in Philip Mueke Maingi & others v Director of Public Prosecutions & another, extends the principles established in Muruatetu regarding judicial discretion in sentencing to sexual offences. As the petitioner was convicted of such...
Source-derived case information.
- Citation
- [2022] KEHC 10463 (KLR)
- Parties
- Applicant: Sammy Lusike; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Petition E001 of 2022
- Procedural Posture
- Criminal Petition / Ruling on Re Sentencing Directions
- Outcome
- Mention scheduled; directions for production of records issued.
- Judges
- WM Musyoka
- Legal Topics
- Mandatory Sentencing, Sexual Offences, Resentencing Guidelines
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Sammy Lusike
Applicant
Republic
Respondent
Procedural Posture
Criminal Petition / Ruling on Re Sentencing Directions
Legal Issues
- 1 Whether the High Court can exercise discretion in re-sentencing for sexual offences following recent jurisprudence on mandatory minimum sentences.
- 2 Whether the directions in Philip Mueke Maingi & others v Director of Public Prosecutions & another apply to the petitioner.
Ratio Decidendi
The court recognized that recent High Court jurisprudence, specifically the decision in Philip Mueke Maingi & others v Director of Public Prosecutions & another, extends the principles established in Muruatetu regarding judicial discretion in sentencing to sexual offences. As the petitioner was convicted of such offences, the court found it necessary to obtain the original trial and appellate records to properly exercise its discretion in re-sentencing. The court thus directed the Deputy Registrar to call for the relevant records and scheduled a mention date for further directions, pending review of the materials.
Court Disposition
Mention scheduled; directions for production of records issued.
Orders
- Deputy Registrar to call for trial records in Butere PMCCRC No. 315 of 2010 and Kakamega HCCRA No. 107 of 2010.
- Matter to be mentioned on July 28, 2022.
Full Case Text
Judgment text and source record
19 paragraphs
Lusike v Republic (Criminal Petition E001 of 2022) [2022] KEHC 10463 (KLR) (24 June 2022) (Ruling)
Neutral citation: [2022] KEHC 10463 (KLR)
Republic of Kenya
In the High Court at Kakamega
Criminal Petition E001 of 2022
WM Musyoka, J
June 24, 2022
Between
Sammy Lusike
Petitioner
and
Republic
Respondent
Ruling
1. On January 14, 2022 I delivered a ruling on the matter of re-sentencing of the petitioner herein in view of Francis Karioko Muruatetu & another vs. Republic [2017] eKLR (Maraga CJ & P, Mwilu DCJ &VP, Ojwang, Wanjala, Njoki and Lenaola SCJJ) and 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).
2. There has however been a new development with regard to offences defined under the Sexual Offences Act, No. 3 of 2006. The High Court, in Philip Mueke Maingi & others vs. Director of Public Prosecutions & another Machakos HCPet. No. E017 of 2021 (Odunga J), on May 17, 2022, gave directions, with respect to mandatory sentences for sexual offences, akin to those given in Francis Karioko Muruatetu & another vs. Republic [2017] eKLR (Maraga CJ & P, Mwilu DCJ &VP, Ojwang, Wanjala, Njoki and Lenaola SCJJ).
3. The petitioner herein had been convicted of such offences. To enable me exercise discretion in the matter in the manner ordered or directed in Philip Mueke Maingi & others vs. 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 Butere PMCCRC No. 315 of 2010 and Kakamega HCCRA No. 107 of 2010.
4. The matter shall be mentioned on July 28, 2022. A production order shall issue. copies of this ruling to be made available to the applicant and the Office of the Director of Public Prosecutions.
DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA ON THIS 24th DAY OF June 2022WM MUSYOKAJUDGEErick Zalo, Court Assistant.Sammy Lusike, the petitioner, in person.Mr. Mwangi, instructed by the Director of Public Prosecutions, for the respondent.