[2023] KEHC 22710 (KLR)
The court found that, in light of the Supreme Court's decision in Muruatetu, the mandatory death sentence for robbery with violence is unconstitutional and courts have discretion to resentence. Considering the applicant had served over 20 years in custody and there was no evidence of serious injury to the...
Source-derived case information.
- Citation
- [2023] KEHC 22710 (KLR)
- Parties
- Applicant: Richard Kimutai Maritim; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 132 of 2019
- Procedural Posture
- Miscellaneous Criminal Application / Resentencing Application After Conviction and Unsuccessful Appeal
- Outcome
- application allowed; applicant set free unless otherwise lawfully held
- Judges
- HK Chemitei
- Legal Topics
- Robbery With Violence, Resentencing, Mandatory Sentences, Supreme Court Guidelines, Appeal Dismissal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Richard Kimutai Maritim
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Resentencing Application After Conviction and Unsuccessful Appeal
Legal Issues
- 1 Whether the applicant is entitled to resentencing following the Supreme Court decision in Muruatetu.
- 2 Whether the period already served in custody justifies release of the applicant.
Ratio Decidendi
The court found that, in light of the Supreme Court's decision in Muruatetu, the mandatory death sentence for robbery with violence is unconstitutional and courts have discretion to resentence. Considering the applicant had served over 20 years in custody and there was no evidence of serious injury to the complainant, and in the absence of objection from the respondent, the court exercised its discretion in favour of the applicant and ordered his release unless otherwise lawfully held.
Court Disposition
application allowed; applicant set free unless otherwise lawfully held
Orders
- The application for resentencing is allowed.
- The applicant is hereby set free unless lawfully held for any other reason.
Full Case Text
Judgment text and source record
21 paragraphs
Maritim v Republic (Miscellaneous Criminal Application 132 of 2019) [2023] KEHC 22710 (KLR) (27 September 2023) (Ruling)
Neutral citation: [2023] KEHC 22710 (KLR)
Republic of Kenya
In the High Court at Nakuru
Miscellaneous Criminal Application 132 of 2019
HK Chemitei, J
September 27, 2023
Between
Richard Kimutai Maritim
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged with the offence of robbery with violence contrary to section 296(2) of the Penal code. He was found guilty and sentence to suffer death which I presume that the same was commuted to life imprisonment.
2. His appeal to this court was unsuccessful and the sentence of death confirmed.
3. There is no evidence that he appealed to the Court of Appeal. He has now filed the application praying for resentencing after the decision of Muruatetu by the Supreme Court of Kenya.
4. I have perused the application and note that the applicant has been in custody for over 20 years or thereabouts. There was no evidence of serious injury upon the complainant.
5. Taking the period, he has been in custody I find that this is a case where discretion ought to be exercised in favour of the applicant. There was no objection from the respondent to the application.
6. The application is hereby allowed, the applicant is hereby set free unless lawfully held.
DATED SIGNED AND DELIVERED AT NAKURU VIA VIDEO LINK THIS 27TH DAY OF SEPTEMBER 2023. H. K. CHEMITEIJUDGE