[2021] KEHC 1807 (KLR)
The court held that the Supreme Court's clarification in the Muruatetu case restricts its application strictly to mandatory death sentences for murder and does not extend to mandatory or minimum sentences in sexual offences. As such, the applicant's request for review of sentence based on the Muruatetu jurisprudence...
Source-derived case information.
- Citation
- [2021] KEHC 1807 (KLR)
- Parties
- Applicant: Patrick Mutua Salu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E001 of 2020
- Procedural Posture
- Criminal Review / Ruling on Application for Review of Sentence
- Outcome
- application dismissed
- Judges
- GMA Dulu
- Legal Topics
- Sentence Review, Mandatory Sentences, Incest Offence, Defilement 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
Patrick Mutua Salu
Applicant
Republic
Respondent
Procedural Posture
Criminal Review / Ruling on Application for Review of Sentence
Legal Issues
- 1 Whether the Supreme Court decision in Muruatetu applies to mandatory or minimum sentences in sexual offences.
- 2 Whether the applicant is entitled to a review of sentence following the jurisprudence in Christopher Ochieng v Republic.
Ratio Decidendi
The court held that the Supreme Court's clarification in the Muruatetu case restricts its application strictly to mandatory death sentences for murder and does not extend to mandatory or minimum sentences in sexual offences. As such, the applicant's request for review of sentence based on the Muruatetu jurisprudence is unmerited and cannot be entertained. The application fails to meet the threshold for sentence review as set by the Supreme Court, and is therefore dismissed.
Court Disposition
application dismissed
Orders
- The application for review of sentence is dismissed.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MAKUENI
HCCR REV. NO. E001 OF 2020
PATRICK MUTUA SALU........................................................................APPLICANT
VERSUS
REPUBLIC............................................................................................RESPONDENT
RULING
1. Before me is an application by way of Chamber Summons for review of sentence, relying on the jurisprudence in Kisumu Criminal Appeal No. 202 of 2011 – Christopher Ochieng –vs- Republic (2018) eKLRin which the Court of Appeal applied the reasoning in the Supreme Court in Muruatetu Case petition No. 15 of 2015to the mandatory or minimum sentences in sexual offences.
2. The applicant herein was convicted of incest in Makindu Criminal Case No. 1138 of 2013 and sentenced to life imprisonment, and his appeal to the High Court in Makueni High Court Criminal Appeal No. 130 of 2017 was dismissed, but a conviction for defilement was substituted.
3. The applicant has now come to this court through the present application to consider review of his sentences as stated above.
4. The application will not succeed, as the Supreme Court Koome CJ, Mwilu DCJ, Ibrahim, Wanjala, Lenaola, Njoki Ndungu and Ouko SCJJ on 6/7/2021 issued specific directions that the jurisprudence in the Muruatetu case only relates and applies to mandatory death sentences for murder contrary to section 203 as read with section 204 of the Penal Code and does not extend to any other cases of mandatory or minimum sentences.
5. The present application therefore does not satisfy the requirements for consideration of sentence review by this court. It is unmerited and I dismiss the same.
DELIVERED, SIGNED & DATED THIS 1ST DAY OF DECEMBER 2021, IN OPEN COURT AT MAKUENI.
.............................
GEORGE DULU
JUDGE