[2018] KEHC 3517 (KLR)
The court found that, following the Supreme Court's decision in Muruatetu, the mandatory death sentence imposed on the applicants for robbery with violence is unconstitutional. As a result, the applicants are entitled to a review of their sentence. The High Court, therefore, remitted the matter to the trial court...
Source-derived case information.
- Citation
- [2018] KEHC 3517 (KLR)
- Parties
- Applicant: Munuve Mwendwa; Applicant: Musyoka Mwendwa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kitui
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application 57 of 2018
- Procedural Posture
- Criminal Miscellaneous Application / Ruling on Application for Review of Sentence
- Outcome
- Application allowed; matter remitted to trial court for re-sentencing.
- Judges
- LN Mutende
- Legal Topics
- Review of Sentence, Robbery With Violence, Constitutionality of Mandatory Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Munuve Mwendwa
Applicant
Musyoka Mwendwa
Applicant
Republic
Respondent
Procedural Posture
Criminal Miscellaneous Application / Ruling on Application for Review of Sentence
Legal Issues
- 1 Whether the mandatory death sentence for robbery with violence is unconstitutional in light of the Supreme Court decision in Muruatetu.
- 2 Whether the applicants are entitled to a review and re-sentencing based on the unconstitutionality of the mandatory sentence.
Ratio Decidendi
The court found that, following the Supreme Court's decision in Muruatetu, the mandatory death sentence imposed on the applicants for robbery with violence is unconstitutional. As a result, the applicants are entitled to a review of their sentence. The High Court, therefore, remitted the matter to the trial court (Chief Magistrate, Kitui) for re-sentencing in accordance with the law and the principles set out in the Muruatetu decision.
Court Disposition
Application allowed; matter remitted to trial court for re-sentencing.
Orders
- The case is remitted to the Trial Court for re-sentencing.
- Mention before the Chief Magistrate, Kitui on the 3rd October, 2018 for directions.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITUI
CRIMINAL MISC. APPLICATION NO. 57 OF 2018
MUNUVE MWENDWA............................1ST APPLICANT
MUSYOKA MWENDWA.........................2ND APPLICANT
VERSUS
REPUBLIC....................................................RESPONDENT
R U L I N G
1. By an application filed herein on the 11th June, 2018the Applicants seek review of the sentence imposed following their conviction for the offence of Robbery with Violencecontrary to Section 29(2)of the Penal Code.Their argument is that the mandatory nature of the sentence meted out is unconstitutional and therefore prejudicial to them.
2. The application arises as a result of the decision of the Supreme Court in Francis Karioko Muruatetu & Another vs. Republic SCK Petition Number 15 of 2015 (2017) eKLR.A decision that declared the death sentence unconstitutional and referred the matter for re-sentencing.
3. By the nature of the offence the Applicants were charged with, the Court of the first instance was the Magistrate’s Court. Consequently, I hereby remit the case to the Trial Court for re-sentencing. Mention before the Chief Magistrate, Kitui on the 3rd October, 2018for directions.
4. It is so ordered.
Dated, Signed and Delivered at Kitui this 27th day of September, 2018.
L. N. MUTENDE
JUDGE