[2021] KEHC 1423 (KLR)
The court found that the applicant's motion was not based on the Supreme Court's decision in Muruatetu, as it did not seek review of a mandatory sentence for murder. Furthermore, the motion was so vague that the court could not discern the offence of conviction or the specific relief sought. In the absence of a...
Source-derived case information.
- Citation
- [2021] KEHC 1423 (KLR)
- Parties
- Applicant: Samuel Ouma Alias Amboye Ochiko; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 53 of 2017
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Preliminary Directions and Motion
- Outcome
- motion struck out; file closed
- Judges
- DN Musyoka
- Legal Topics
- Mandatory Sentencing, Sentence Review, Applicability of Supreme Court Decisions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Ouma Alias Amboye Ochiko
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Preliminary Directions and Motion
Legal Issues
- 1 Whether the applicant's motion is properly founded on the Supreme Court decision in Francis Karioko Muruatetu & another vs. Republic regarding mandatory sentences.
- 2 Whether the motion discloses a clear cause of action or relief sought from the court.
Ratio Decidendi
The court found that the applicant's motion was not based on the Supreme Court's decision in Muruatetu, as it did not seek review of a mandatory sentence for murder. Furthermore, the motion was so vague that the court could not discern the offence of conviction or the specific relief sought. In the absence of a clear cause of action or legal basis, the court determined that it could not proceed with the application and therefore struck out the motion and ordered closure of the file.
Court Disposition
motion struck out; file closed
Orders
- The motion dated 28th March 2017 is struck out.
- The file is ordered closed.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
MISCELLANEOUS CRIMINAL APPLICATION NO. 53 OF 2017
SAMUEL OUMA Alias AMBOYE OCHIKO..................................PETITIONER
VERSUS
REPUBLIC.......................................................................................RESPONDENT
RULING
1. This matter was placed before me for the purpose of giving directions, in view of the recent decision by the Supreme Court in Francis Karioko Muruatetu & another vs. Republic; Katiba Institute & 5 others(Amicus Curiae[2021] (Koome CJ&P, Mwilu DCJ&VP, Ibrahim, Wanjala, Ndung’u & Lenaola SSJJ), with respect to mandatory sentences, where it was clarified that the decision, in Francis Karioko Muruatetu & another vs. Republic[2017] eKLR (Maraga CJ&P, Mwilu DCJ&VP, Ojwang, Wanjala, Njoki and Lenaola SCJJ), had arisen from proceedings relating to murder, under section 204 of the Penal Code, Cap 63, Laws of Kenya, and the position stated in the said decision was intended to apply only to mandatory sentences with respect to murder cases.
2. The Motion herein, dated 28th March 2017, filed herein on 14th June 2017, is not founded on Francis Karioko Muruatetu & another vs. Republic[2017] eKLR (Maraga CJ&P, Mwilu DCJ&VP, Ojwang, Wanjala, Njoki and Lenaola SCJJ), for the applicant does no seek review of sentence. He was convicted in Butere SRMCCRC No. 512 of 2009 of the offence he has not disclosed. It is not clear whether he filed any appeal. His Motion is so vague that I cannot make out what the applicant is seeking from court. In the circumstances, I shall strike out the motion and order closure of the file.
3. The Deputy registrar shall cause copies of this ruling to be availed to the Petitioner and the Officer of Director Public Prosecution.
DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS 10TH DAY OF DECEMBER, 2021
W MUSYOKA
JUDGE