[2022] KEHC 1053 (KLR)
Although the Supreme Court decision in Muruatetu rendered the mandatory nature of the death penalty unconstitutional, it did not abolish the death penalty itself for murder. The court considered the circumstances of the offence, noting that it was unprovoked and involved multiple stab wounds to vital organs,...
Source-derived case information.
- Citation
- [2022] KEHC 1053 (KLR)
- Parties
- Appellant: Peterson Muthee Muranga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Petition 24 of 2020
- Procedural Posture
- Petition / Resentencing After Appeal
- Outcome
- Application for resentencing dismissed. Death sentence upheld.
- Judges
- TW Cherere
- Legal Topics
- Murder Sentencing, Mandatory Death Penalty, Resentencing Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peterson Muthee Muranga
Appellant
Republic
Respondent
Procedural Posture
Petition / Resentencing After Appeal
Legal Issues
- 1 Whether the petitioner is entitled to resentencing following the Supreme Court decision declaring the mandatory death sentence unconstitutional.
- 2 Whether the circumstances of the offence warrant a reduction of the death sentence.
Ratio Decidendi
Although the Supreme Court decision in Muruatetu rendered the mandatory nature of the death penalty unconstitutional, it did not abolish the death penalty itself for murder. The court considered the circumstances of the offence, noting that it was unprovoked and involved multiple stab wounds to vital organs, resulting in the deceased's death by hemorrhagic shock. The court found that these aggravating factors outweighed the petitioner's remorse and alleged reformation, rendering him undeserving of a reduced sentence. Consequently, the application for resentencing was dismissed and the original sentence of death was upheld.
Court Disposition
Application for resentencing dismissed. Death sentence upheld.
Orders
- The application for resentencing is dismissed.
- The sentence of death is upheld.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
(CORAM: CHERERE- J.)
PETITION NO. 24 OF 2020
BETWEEN
PETERSON MUTHEE MURANGA..................................................................APPELLANT
VERSUS
REPUBLIC.........................................................................................................RESPONDENT
JUDGMENT
1) On 30th May, 2014, Petitioner was sentenced to suffer death for the offence of murder. His appeal to the Court of Appeal vide Peterson Muthee Muranga v Republic [2017] eKLRwas dismissed on 10th October, 2017.
2) Petitioner prays for resentence on the ground that he is remorseful and has reformed.
3) The state through Ms.Mwaniki, learned counsel for the state submitted that the sentence imposed on the Petitioner is constitutional and urged the court to uphold it.
4) Whereas the Supreme Court decision in Francis Karioki Muruatetu & Another v Republic & 5 others [2016] eKLR declaring the mandatory death sentence unconstitutional has necessitated resentencing of all persons previously sentenced to the mandatory minimum and maximum sentences, death remains a lawful sentence for murder.
5) I have considered that the offence herein was unprovoked and involved stab wounds on the chest, neck, lung and back of the deceased causing hemorrhagic shock and death of the deceased and find that the Applicant is undeserving of an order to reduce his sentence.
6) Application for resentence is thus dismissed.
DELIVERED AT MERU THIS 04TH DAY OF APRIL 2022
WAMAE.T. W. CHERERE
JUDGE
In the presence of-
Court Assistant - Kinoti
Applicant - Present
For the State - Ms. Mwaniki