[2021] KEHC 1985 (KLR)
The court found that, following the Supreme Court's directions, the precedent set in Francis Karioko Muruatetu & another v Republic [2017] eKLR is only applicable to murder cases and does not extend to convictions for robbery with violence. Consequently, the High Court lacks jurisdiction to resentence the petitioner...
Source-derived case information.
- Citation
- [2021] KEHC 1985 (KLR)
- Parties
- Applicant: Michael Lozuru Lokut; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Petition 106 of 2018
- Procedural Posture
- Constitutional Petition / Judgment
- Outcome
- petition dismissed
- Judges
- CA Otieno
- Legal Topics
- Resentencing, Robbery With Violence, Jurisdiction of High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Michael Lozuru Lokut
Applicant
Republic
Respondent
Procedural Posture
Constitutional Petition / Judgment
Legal Issues
- 1 Whether the High Court has jurisdiction to resentence a petitioner convicted of robbery with violence after the Supreme Court decision in Francis Karioko Muruatetu & another v Republic [2017] eKLR.
- 2 Whether the petitioner is entitled to resentencing or leniency based on the time already served.
Ratio Decidendi
The court found that, following the Supreme Court's directions, the precedent set in Francis Karioko Muruatetu & another v Republic [2017] eKLR is only applicable to murder cases and does not extend to convictions for robbery with violence. Consequently, the High Court lacks jurisdiction to resentence the petitioner for the offence of robbery with violence. The petitioner's request for resentencing or leniency could not be entertained, and the petition was dismissed for lack of merit.
Court Disposition
petition dismissed
Orders
- The petition is dismissed.
Full Case Text
Judgment text and source record
23 paragraphs
THE REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
PETITION NO. 106 OF 2018
MICHAEL LOZURU LOKUT........................................................................PETITIONER
VERSUS
REPUBLIC......................................................................................................RESPONDENT
JUDGMENT
1. The petitioner herein was charged and convicted with Robbery with Violence contrary to Section 296 (2) of the Penal Code, in Isiolo Criminal Case No. 136 of 2011.
2. The particulars of the offence were that, on 2/3/2011 at Maili Tano area of Isiolo County jointly with others not before the court, while armed with dangerous weapons namely firearms, he robbed Isaac Bariu of Ksh.500, one blanket, 2 sufurias, 60 Kgs of maize, one pair of safari boots, a grey cap, 20 Kgs of beans and assorted clothes, all valued at Ksh. 10,000 and at or immediately before or immediately after the time of such robbery threatened to use actual violence to the said Isaac Bariu.
3. The trial court found him guilty of the offence and sentenced him to death. He appealed against that decision in High Court Criminal Appeal No. 49 of 2011 and in the Court of Appeal in Criminal Appeal No.58 of 2013. Nonetheless, in both instances, his appeals were dismissed and the sentence upheld.
4. Although it appears that the petitioner did not file a formal petition for consideration by the court, I have deduced form his oral submissions in court on 24/6/2021 that he seeks to be resentenced, considering that he has been in prison for long. He seeks leniency in order to be able to go back home.
5. The prosecution maintains that the court lacks jurisdiction to entertain the petition and prays for its dismissal.
6. I have considered the Supreme Court’s subsequent directions on 6/7/2021, that the decision in Francis Karioko Muruatetu & another v Republic [2017] eKLR is only applicable to the offence of murder.
7. I find no merit in the petition and order that it be dismissed.
DATED, SIGNED AND DELIVERED AT MERU THIS 19TH DAY OF NOVEMBER, 2021
PATRICK J.O OTIENO
JUDGE
In presence of
Petitioner in person
Mr. Maina for the respondent
PATRICK J.O OTIENO
JUDGE