[2022] KEHC 1303 (KLR)
The court held that the Supreme Court's decision in Francis Muruatetu & Another vs R (2017) eKLR, which declared the mandatory nature of the death sentence for murder unconstitutional, is expressly limited to murder cases under sections 203 and 204 of the Penal Code. The Supreme Court's directions dated 6/7/2021...
Source-derived case information.
- Citation
- [2022] KEHC 1303 (KLR)
- Parties
- Applicant: Richard Nyambuga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Constitutional Petition 13 (E017) of 2021
- Procedural Posture
- Constitutional Petition / Judgment
- Outcome
- petition dismissed
- Judges
- REA Ougo
- Legal Topics
- Resentencing, Life Imprisonment, Applicability of Supreme Court Decisions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Richard Nyambuga
Applicant
Republic
Respondent
Procedural Posture
Constitutional Petition / Judgment
Legal Issues
- 1 Whether the Supreme Court decision in Francis Muruatetu & Another vs R (2017) eKLR applies to cases other than murder, specifically to the applicant's case for resentencing.
- 2 Whether the petitioner is entitled to resentencing in light of the Supreme Court's directions.
Ratio Decidendi
The court held that the Supreme Court's decision in Francis Muruatetu & Another vs R (2017) eKLR, which declared the mandatory nature of the death sentence for murder unconstitutional, is expressly limited to murder cases under sections 203 and 204 of the Penal Code. The Supreme Court's directions dated 6/7/2021 clarified that the decision does not extend to other offences such as robbery with violence or sexual offences. As such, the applicant, who is serving a life sentence for an offence outside the scope of murder, cannot benefit from resentencing based on the Muruatetu decision. The court is bound by the Supreme Court's directions and therefore dismissed the amended petition for...
Court Disposition
petition dismissed
Orders
- The amended petition for resentencing is dismissed.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CON-PET. NO.13 (E017) OF 2021
RICHARD NYAMBUGA..................................................................APPLICANT
VERSUS
REPUBLIC.....................................................................................RESPONDENT
JUDGMENT
1. The petitioner Richard Nyambuga in his amended Petition filed on the 4/11/2021 seeks resentencing. The petitioner is currently serving a life sentence.
2. The petition was opposed by the State. Mr. Kaino argued that the case of Francis Muruatetu & Another vs R (2017) eKLR only applied to murder cases. That the Supreme Court has given directions that its decision in the Muruatetu case does not apply to Robbery with violence cases or sexual offence cases.
3. The Supreme Court on the 6/7/2021 gave directions in the case of Muruatetu that its decision in the said matter only applied to sentences in murder case under section 203 and 204 of the Penal Code.
4. The said directions are binding to this court, thus the petitioner’s request for resentencing cannot be granted. The amended petition is therefore dismissed.
DATED, SIGNED AND DELIVERED AT KISII THIS 11TH DAY OF MARCH 2022.
R. E. OUGO
JUDGE
In the presence of:
Kennedy Ochieng Odongo for Applicant
Mr. Kaino for State Counsel ODPP
Kevin - Court Assistant