[2021] KEHC 929 (KLR)
The court held that the Supreme Court's decision in Muruatetu and the subsequent policy guidelines restrict the application of re-sentencing to murder cases only. Since the petitioner was convicted of robbery with violence, his application for sentence review does not fall within the ambit of the Muruatetu decision....
Source-derived case information.
- Citation
- [2021] KEHC 929 (KLR)
- Parties
- Appellant: Moses Muriithi Gichimu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kerugoya
- Jurisdiction
- Kenya
- Case Number
- Criminal Petition 22 of 2019
- Procedural Posture
- Criminal Petition / Judgment
- Outcome
- petition dismissed
- Judges
- JK Mulwa, RM Mwongo
- Legal Topics
- Robbery With Violence, Mandatory Sentencing, Resentencing Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Moses Muriithi Gichimu
Appellant
Republic
Respondent
Procedural Posture
Criminal Petition / Judgment
Legal Issues
- 1 Whether the Supreme Court decision in Francis Muruatetu v Republic [2017] eKLR applies to re-sentencing for the offence of robbery with violence.
- 2 Whether the petitioner is entitled to a reduction of sentence based on the Muruatetu decision.
Ratio Decidendi
The court held that the Supreme Court's decision in Muruatetu and the subsequent policy guidelines restrict the application of re-sentencing to murder cases only. Since the petitioner was convicted of robbery with violence, his application for sentence review does not fall within the ambit of the Muruatetu decision. The petition for reduction of sentence is therefore dismissed as the court lacks jurisdiction to entertain re-sentencing for offences other than murder under the current legal framework.
Court Disposition
petition dismissed
Orders
- The petition for re-sentencing is dismissed.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT KERUGOYA
CRIMINAL PETITION NO. 22 OF 2019
(From original conviction and sentence in Criminal Case
No. 272 of 2015 of the Chief Magistrate’s Court at Kerugoya)
MOSES MURIITHI GICHIMU......PETITIONER
VERSUS
REPUBLIC.....................................RESPONDENT
JUDGMENT
1. The Petitioner Moses Muriithi Gichimu was charged with the offence of Robbery with Violence Contrary 296 (2) of the Penal Code and sentenced to death at Kerugoya CMCC Criminal Case No. 272 of 2015 on 30. 3.2016.
The death sentence was later commuted to life imprisonment by the President.
His appealed at the High Court in Kerugoya in Criminal Appeal No. 16/2018was dismissed.
2. He proceeded to apply for review of his sentence at the High Court through a petition dated 27. 9.2019 pursuant to the Supreme Court decision in Francis Muruatetu -V- Republic [2017] eKLR. He prays for reduction of the sentence.
3. Prior to 6. 7.2021, the “Muruatetu”decision was widely applied by the courts to hear re-sentencing applications and reduce sentences for offences that carry mandatory minimum sentences.
However, on the said date, the 6. 7.2021, the Supreme Court gave policy guidelines and directions on the application of its decision rendered in the 14. 12. 2017, and rendered that the decision on Muruatetu and these guidelines apply only in respect to sentence of Murder under Section 203 and 204 of the Penal Code.
Thus, applications for sentence re-hearing for any other offence are excluded, including robbery with violence.
This petition is therefore dismissed.
DATED AND SIGNED THIS………..…………DAY OF……………….…….2021
J. N. MULWA
JUDGE
DATED AND DELIVERED AT KERUGOYA THIS 15TH DAY OF DECEMBER 2021
R. M. MWONGO
JUDGE