[2020] KEHC 2107 (KLR)
The court found that, in light of the Supreme Court's decision in Francis Muruatetu & Another, the mandatory death sentence for murder is unconstitutional and the court is empowered to exercise discretion in sentencing. Considering the applicant's rehabilitation efforts and the period already served, the court set...
Source-derived case information.
- Citation
- [2020] KEHC 2107 (KLR)
- Parties
- Applicant: Shadrack Ekai; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Petition 16 of 2018
- Procedural Posture
- Constitutional Petition / Sentence Review Ruling
- Outcome
- death sentence set aside and substituted with 20 years' imprisonment from 15th March 2011
- Judges
- HK Chemitei
- Legal Topics
- Mandatory Sentencing, Death Penalty, Sentence Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Shadrack Ekai
Applicant
Republic
Respondent
Procedural Posture
Constitutional Petition / Sentence Review Ruling
Legal Issues
- 1 Whether the mandatory death sentence for murder should be reconsidered in light of the Supreme Court decision in Francis Muruatetu & Another v Republic.
- 2 Whether the applicant is entitled to a non-custodial or reduced sentence based on rehabilitation and time served.
Ratio Decidendi
The court found that, in light of the Supreme Court's decision in Francis Muruatetu & Another, the mandatory death sentence for murder is unconstitutional and the court is empowered to exercise discretion in sentencing. Considering the applicant's rehabilitation efforts and the period already served, the court set aside the death sentence and substituted it with a term of 20 years' imprisonment from the date of the original sentence.
Court Disposition
death sentence set aside and substituted with 20 years' imprisonment from 15th March 2011
Orders
- The death sentence against the applicant is set aside.
- The applicant is sentenced to 20 years' imprisonment from 15th March 2011.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITALE
PETITION NO. 16 OF 2018
SHADRACK EKAI......................................................PETITIONER
VERSES
REPUBLIC .................................................................RESPONDENT
RULING
1. The Applicant was convicted for the offence of Murder IN KITALE CRIMINAL CASE NO 12 OF 2009 and sentence to suffer death on the 15th day of March 2011. The Applicant has since served about 9 years of the period. His application dated 19th April 2018 wishes to take advantage of Supreme Court of Kenya decision in the case of FRANCIS MURATETU & ANOTHER PETITION NO 16 OF 2015 in which the Apex Court granted a judicial body an opportunity to tamper with the statutory mandatory sentences such as those provided in capital offences.
2. The Applicant prays that the sentence of death meted against him ought to be reconsidered and he is therefore praying for a non-custodial sentence.
3. This court has perused the court’s judgement as well as the actions the Applicant has taken to improve himself while in prison. He has done several religious courses as well as other trainings.
4. The learned state counsel did not object to the application and left it to the discretion of the court.
5. In light of the above findings, and the directives by the Supreme Court above this court shall set aside the death sentence meted against the Applicant and hereby substitute it with a sentence of 20 years’ imprisonment from 15th March 2011.
6. Orders accordingly.
Dated, signed and delivered at Kitale this 1st day of October 2020.
__________________
H. K. CHEMITEI
JUDGE
1/10/2020
In the presence of:-
Miss Mumo for the Respondent present
Applicant – Present
Court Assistant – Kirong
Ruling read in open court.