[2024] KEHC 5302 (KLR)
The court found that the indeterminate life imprisonment sentence imposed on the applicant was unconstitutional as it violated Articles 27 and 28 of the Constitution by being discriminatory and amounting to cruel and inhuman treatment. Relying on the precedent set in Manyeso v Republic, the court held that such...
Source-derived case information.
- Citation
- [2024] KEHC 5302 (KLR)
- Parties
- Applicant: John Muiruri Ndegwa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Case E103 of 2022
- Procedural Posture
- Miscellaneous Criminal Case / Ruling on Application for Resentencing
- Outcome
- partially allowed
- Judges
- SM Mohochi
- Legal Topics
- Sexual Offences, Sentencing Principles, Life Imprisonment, Constitutional Rights, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Muiruri Ndegwa
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Case / Ruling on Application for Resentencing
Legal Issues
- 1 Whether the indeterminate life imprisonment sentence imposed on the applicant is unconstitutional.
- 2 Whether the applicant is entitled to resentencing and mitigation under the Constitution.
Ratio Decidendi
The court found that the indeterminate life imprisonment sentence imposed on the applicant was unconstitutional as it violated Articles 27 and 28 of the Constitution by being discriminatory and amounting to cruel and inhuman treatment. Relying on the precedent set in Manyeso v Republic, the court held that such sentences must be substituted with determinate terms. The court exercised its constitutional mandate to ensure that the applicant's rights were protected and substituted the life sentence with a term of thirty years' imprisonment, to run from 14th June 2012. The court declined to grant a full rehearing or mitigation but intervened solely to address the unconstitutional aspect of...
Court Disposition
partially allowed
Orders
- The life sentence imposed on the applicant is substituted with an imprisonment for thirty (30) years to run from 14th June 2012.
Full Case Text
Judgment text and source record
28 paragraphs
Ndegwa v Republic (Miscellaneous Criminal Case E103 of 2022) [2024] KEHC 5302 (KLR) (15 May 2024) (Ruling)
Neutral citation: [2024] KEHC 5302 (KLR)
Republic of Kenya
In the High Court at Eldoret
Miscellaneous Criminal Case E103 of 2022
SM Mohochi, J
May 15, 2024
Between
John Muiruri Ndegwa
Applicant
and
Republic
Respondent
Ruling
1. The Applicant was arrested, charged, convicted and serve life imprisonment sentence contrary to Section 8 of Sexual Offence Act No.3 of 2006 vide Cr. Case No.134 of 2012 at Nakuru Law Court on the 3rd day of October, 2018.
2. That, he appealed to the High Court Nairobi vide HCRA. No. 90 of 2018 at Nakuru which was upheld. That, subsequently the Applicant appealed to the Court of Appeal hence no communication received regarding the appeal number or records.
3. That he begs this Court to excise its powers bestowed to it by the constitution craving for the following reliefs in his notice of motion; 1. That, this Honourable Court be please to grant a re-hearing of sentence in Criminal Case Number 134 of 2012 at Nakuru Law Court.
2. That, this Honourable Court be pleased to receive mitigation from the Applicant herein for consideration of appropriate sentence.
3. That, this Honourable Court be please to issue any other order it may deem fit for the interest of justice.
4. That, the application is supported by Annexed Affidavit of John Muiruri Ndegwa amongst other grounds to be adduced during the hearing of the application.
4. That this Court will be discharging its constitutional obligation pursuant to Article 20 (3) (a) (b) of the constitution.
5. That no prejudice will be occasioned to the Respondent if this application is allowed.
6. While the Court finds no basis on the entire motion the indeterminate imprisonment for life remains as the only issue this Court can disturb.
7. Having considered, the Applicant’s application contends, written submissions, copies of certificates already earned in prison, Lower Court trial proceedings, judgement and sentence, Nakuru CMCR.134 of 2012, the High Court Appeal and Judgment HCRA 91 of 2018 and the submissions by the state dated 24th April, 2024 by Jackline Kisoo a prosecutor.
8. I shall only disturb this sentence on the basis of the Manyeso Vs R case:“that an indeterminate life imprisonment is unconstitutional to the extent it contravenes articles 27 and 28 of the constitution the same is discriminatory and the sentence amounts to cruel inhuman treatment or punishment contrary to Article 28. ”
9. This Court shall substitute the life-sentence imposed with an imprisonment for thirty (30) years to run from the 14th June 2012.
10. It so ordered.
SIGNED, DATED AND DELIVERED AT NAKURU ON THIS 15TH DAY OF MAY 2024. ............MOHOCHI S.MJUDGEIn the Presence of;Ms. Schola, C.AApplicantMs. Jackie Kisoo, Prosecution Counsel for the Republic