[2021] KEHC 2274 (KLR)

[2021] KEHC 2274 (KLR)

The court held that the Supreme Court's clarification in the 2021 Muruatetu decision restricts the application of its earlier 2017 decision to mandatory sentences for murder under section 204 of the Penal Code only. Since the petitioner was convicted of robbery with violence under section 296(2), the High Court has...

Source-derived case information.

Citation
[2021] KEHC 2274 (KLR)
Parties
Appellant: Philip Andati Nangabo; Respondent: Republic
Court
High Court
Court Station
High Court at Kakamega
Jurisdiction
Kenya
Case Number
Criminal Petition 85 of 2019
Procedural Posture
Criminal Petition / Ruling on Application for Sentence Review
Outcome
application struck out for want of jurisdiction
Judges
DN Musyoka
Legal Topics
Mandatory Sentencing, Jurisdiction of High Court, Robbery With Violence, Sentence Review
Source Language
en
Criminal Law Mandatory Sentencing Jurisdiction of High Court Robbery With Violence Sentence Review

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Parties

Philip Andati Nangabo

Appellant

Republic

Respondent

Procedural Posture

Criminal Petition / Ruling on Application for Sentence Review

  1. 1 Does the Supreme Court decision in Francis Karioko Muruatetu & another vs. Republic [2017] eKLR apply to mandatory sentences for robbery with violence under section 296(2) of the Penal Code?.
  2. 2 Does the High Court have jurisdiction to review the petitioner.s sentence for robbery with violence based on the Muruatetu decision?.

Ratio Decidendi

The court held that the Supreme Court's clarification in the 2021 Muruatetu decision restricts the application of its earlier 2017 decision to mandatory sentences for murder under section 204 of the Penal Code only. Since the petitioner was convicted of robbery with violence under section 296(2), the High Court has no jurisdiction to review the sentence on the basis of Muruatetu. The application for sentence review is therefore incompetent and must be struck out.

Court Disposition

application struck out for want of jurisdiction

Orders

  • The application for review of sentence is struck out as incompetent.
  • The file shall be closed.