[2025] KEHC 8284 (KLR)

Parties

Procedural Posture

Criminal Case / Sentence Review

Legal Issues

1. 1 Whether the High Court has jurisdiction to review a sentence of detention at the President's pleasure for an offender found guilty of murder by reason of insanity.
2. 2 Whether continued detention of the applicant, given his rehabilitation and medical stability, is arbitrary and disproportionate.
3. 3 Whether the period already served in custody should be considered in resentencing.

Ratio Decidendi

The High Court determined that it retains jurisdiction to review sentences imposed under Section 165 of the Criminal Procedure Code, particularly where the offender has demonstrated rehabilitation and medical stability. The court found that continued indefinite detention of the applicant, who was convicted of murder by reason of insanity but has since recovered and been rehabilitated, would be arbitrary and disproportionate, violating the constitutional right to humane treatment and the benefit of the least severe prescribed punishment. The court relied on the Supreme Court's decision in Muruatetu and subsequent jurisprudence, which require individualized sentencing and periodic review of...

Court Disposition

sentence reviewed and substituted with time served; applicant to be released forthwith unless otherwise lawfully held

Orders

• The order for detention at the President’s pleasure is set aside and substituted with a sentence of time served.
• The applicant shall be released forthwith unless lawfully held for any other reason.