[2025] KEHC 6028 (KLR)

[2025] KEHC 6028 (KLR)

The court held that, in light of the Supreme Court's decision in Republic v Evans Nyamari Ayako and the absence of legislative action to define life imprisonment or provide for resentencing, the sentence of life imprisonment remains lawful and constitutional. The court lacks jurisdiction to substitute a life sentence with a determinate term. The applicant's plea for resentencing was therefore dismissed, with the court emphasizing that any change to the sentencing regime must come from Parliament and the Attorney General, not the judiciary.

Citation
[2025] KEHC 6028 (KLR)
Parties
Applicant: Joseph Juma Mbori; Respondent: Republic
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
28 April 2025
Case Number
Miscellaneous Application 325 of 2019
Procedural Posture
Miscellaneous Application / Ruling on Resentencing Application
Outcome
application dismissed
Judges
AM Muteti
Legal Topics
Murder Sentencing, Life Imprisonment, Resentencing Applications
Source Language
English
Criminal Law Murder Sentencing Life Imprisonment Resentencing Applications

Case Brief

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Parties

Joseph Juma Mbori

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Resentencing Application

Legal Issues

  1. 1 Whether the applicant, serving a life sentence for murder, is entitled to resentencing to a determinate term of imprisonment.
  2. 2 Whether the current jurisprudence and statutory framework permit substitution of a life sentence with a determinate sentence in Kenya.

Ratio Decidendi

The court held that, in light of the Supreme Court's decision in Republic v Evans Nyamari Ayako and the absence of legislative action to define life imprisonment or provide for resentencing, the sentence of life imprisonment remains lawful and constitutional. The court lacks jurisdiction to substitute a life sentence with a determinate term. The applicant's plea for resentencing was therefore dismissed, with the court emphasizing that any change to the sentencing regime must come from Parliament and the Attorney General, not the judiciary.

Court Disposition

application dismissed

Orders

  • The applicant's application for resentencing is dismissed.
  • The sentence of life imprisonment remains in force.