[2023] KEHC 20366 (KLR)
The court declined to grant the re-sentencing sought by the petitioner because the proceedings and determination in Kakamega HC Constitutional Petition No 58 of 2018, which previously reduced the petitioner's sentence from life imprisonment to 20 years, were not before the court. Without these records, the court...
Source-derived case information.
- Citation
- [2023] KEHC 20366 (KLR)
- Parties
- Applicant: Leonard Muyekho; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Petition E095 of 2021
- Procedural Posture
- Criminal Petition / Ruling on Motion for Re Sentencing
- Outcome
- application dismissed
- Judges
- WM Musyoka
- Legal Topics
- Resentencing, Robbery With Violence, Death Penalty Commutation, Life Imprisonment, Custodial Period Credit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Leonard Muyekho
Applicant
Republic
Respondent
Procedural Posture
Criminal Petition / Ruling on Motion for Re Sentencing
Legal Issues
- 1 Whether the period spent in custody prior to sentencing should be considered in re-sentencing the petitioner.
- 2 Whether the High Court can exercise discretion to further reduce the sentence without access to the prior proceedings.
Ratio Decidendi
The court declined to grant the re-sentencing sought by the petitioner because the proceedings and determination in Kakamega HC Constitutional Petition No 58 of 2018, which previously reduced the petitioner's sentence from life imprisonment to 20 years, were not before the court. Without these records, the court could not ascertain whether the period spent in custody had already been considered and factored into the reduced sentence. The absence of this crucial information deprived the court of the necessary basis to exercise its discretion in the petitioner's favour. Consequently, the application was dismissed for want of sufficient material to justify further reduction of the sentence.
Court Disposition
application dismissed
Orders
- The undated Motion for re-sentencing is dismissed.
- No further orders are made.
Full Case Text
Judgment text and source record
18 paragraphs
Muyekho v Republic (Criminal Petition E095 of 2021) [2023] KEHC 20366 (KLR) (21 July 2023) (Ruling)
Neutral citation: [2023] KEHC 20366 (KLR)
Republic of Kenya
In the High Court at Kakamega
Criminal Petition E095 of 2021
WM Musyoka, J
July 21, 2023
Between
Leonard Muyekho
Petitioner
and
Republic
Respondent
Ruling
1. The undated Motion seeks re-sentencing, limited to consideration of the period spent in custody. The petitioner had been sentenced to death for robbery with violence. The death penalty was commuted to life imprisonment by the President of the Republic, and further reduced to 20 years imprisonment in Kakamega HC Constitutional Petition No 58 of 2018.
2. Ideally, when the matter was placed before the Judge in Kakamega HC Constitutional Petition No 58 of 2018, when the life sentence was reduced to 20 years in jail was considered, the issue of the period spent in custody should have come up. The proceedings in Kakamega HC Constitutional Petition No 58 of 2018 have not been placed before me, and I cannot tell whether or not that that was not considered and factored in the final determination, in that matter.
3. In the absence of the proceedings and determination In Kakamega HC Constitutional Petition No 58 of 2018, I am unable to exercise discretion with respect to the undated Motion before me, and I accordingly dismiss it. It is so ordered.
RULING DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA ON THIS 21ST DAY OF JULY 2023WM MUSYOKAJUDGEMr. Erick Zalo, Court Assistant.AppearancesLeonard Muyekho, the petitioner, in person.Ms. Kagai, instructed by the Director of Public Prosecutions, for the respondent.