[2024] KEHC 1707 (KLR)
The High Court determined that it does not have jurisdiction to resentence a petitioner where the conviction and sentence were imposed by a court of concurrent jurisdiction. The court emphasized that the discretion to interfere with a sentence lies with the appellate court, not with a court of the same level as the...
Source-derived case information.
- Citation
- [2024] KEHC 1707 (KLR)
- Parties
- Applicant: Luka Mwithalie Muroki; Respondent: Director Of Public Prosecutions
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Petition E092 of 2023
- Procedural Posture
- Constitutional Petition / Ruling on Petition for Resentencing
- Outcome
- petition dismissed
- Judges
- TW Cherere
- Legal Topics
- Resentencing, Jurisdiction of High Court, Sentence Appeals, Murder Conviction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Luka Mwithalie Muroki
Applicant
Director Of Public Prosecutions
Respondent
Procedural Posture
Constitutional Petition / Ruling on Petition for Resentencing
Legal Issues
- 1 Whether the High Court has jurisdiction to resentence a petitioner convicted and sentenced by a court of concurrent jurisdiction.
- 2 Whether the sentence imposed on the petitioner was harsh and excessive.
Ratio Decidendi
The High Court determined that it does not have jurisdiction to resentence a petitioner where the conviction and sentence were imposed by a court of concurrent jurisdiction. The court emphasized that the discretion to interfere with a sentence lies with the appellate court, not with a court of the same level as the sentencing court. The petitioner's claim that the sentence was excessive is a matter for the Court of Appeal, and not for the High Court to review or alter. As such, the petition for resentencing was disallowed.
Court Disposition
petition dismissed
Orders
- The petition for resentencing is disallowed.
Full Case Text
Judgment text and source record
21 paragraphs
Muroki v Director of Public Prosecutions (Petition E092 of 2023) [2024] KEHC 1707 (KLR) (22 February 2024) (Ruling)
Neutral citation: [2024] KEHC 1707 (KLR)
Republic of Kenya
In the High Court at Meru
Petition E092 of 2023
TW Cherere, J
February 22, 2024
Between
Luka Mwithalie Muroki
Petitioner
and
The Director Of Public Prosecutions
Respondent
Ruling
1. Petitioner was charged with murder in Meru High Court Criminal Case No. 21 of 2014 and was convicted and sentenced to serve 25 years imprisonment. He did not appeal his conviction and sentence.
2. Petitioner seeks resentence on the ground that the sentence is harsh and excessive.
3. Ms. Rita for the DPP opposed the application on the grounds that the victim suffered serious injuries and Petitioner was used a dangerous weapon to commit the murder.
4. In Bernard Kimani Gacheru v Republic [2002] eKLR, the Court of Appeal stated thus:“It is now settled law, following several authorities by this Court and by the High Court, that sentence is a matter that rests in the discretion of the trial court. Similarly, sentence must depend on the facts of each case. On appeal, the appellate court will not easily interfere with the sentence unless, that sentence is manifestly excessive in the circumstances of the case, or that the trial court overlooked some material factor, or took into account, some wrong material, or acted on a wrong principle. Even if, the Appellate Court feels that the sentence is heavy and that the Appellate Court might itself not have passed that sentence, these alone are not sufficient grounds for interfering with the discretion of the trial court on sentence unless, anyone of the matters already stated is shown to exist. (See also Wanjema v. Republic [1971] E.A.493. ”
5. The Petitioner’s claim that the sentence is excessive is within the jurisdiction of the Court of Appeal to consider.
6. Since this court cannot sit on appeal in the judgment of a judge of concurrent jurisdiction, the Petition for resentence is disallowed.
DELIVERED AT MERU THIS 22ND DAY OF FEBRUARY 2024WAMAE. T. W. CHEREREJUDGEAppearancesCourt Assistants - Kinoti/MunenePetitioner - Present in personFor DPP - Ms. Rita (PC- 1)