[2024] KEHC 5490 (KLR)
The court held that it lacks jurisdiction to entertain a further application for resentencing after a lawful resentencing has already been conducted pursuant to the Francis Muruatetu decision. The 25-year sentence imposed on the applicant was found to be reasonable and proportionate, especially considering the...
Source-derived case information.
- Citation
- [2024] KEHC 5490 (KLR)
- Parties
- Applicant: Alice Halima Shibishi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 72 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Application for Resentencing
- Outcome
- application dismissed
- Judges
- DR Kavedza
- Legal Topics
- Resentencing, Robbery With Violence, Death Sentence, Penal Code Section 296 2, Francis Muruatetu Doctrine
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alice Halima Shibishi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Resentencing
Legal Issues
- 1 Whether the court has jurisdiction to revise or entertain an application for resentencing after a prior resentencing has been conducted.
- 2 Whether the 25-year sentence imposed on the applicant is reasonable in light of the circumstances.
Ratio Decidendi
The court held that it lacks jurisdiction to entertain a further application for resentencing after a lawful resentencing has already been conducted pursuant to the Francis Muruatetu decision. The 25-year sentence imposed on the applicant was found to be reasonable and proportionate, especially considering the aggravating factor that the victim died as a result of the robbery with violence. The court emphasized that there is no legal basis for revising or appealing a resentence in these circumstances, and the application was therefore dismissed for lack of merit.
Court Disposition
application dismissed
Orders
- The application for further resentencing is dismissed for lack of merit.
- The applicant is directed not to file a similar application without leave of court.
Full Case Text
Judgment text and source record
21 paragraphs
Shibishi v Republic (Criminal Revision 72 of 2023) [2024] KEHC 5490 (KLR) (22 May 2024) (Ruling)
Neutral citation: [2024] KEHC 5490 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 72 of 2023
DR Kavedza, J
May 22, 2024
Between
Alice Halima Shibishi
Applicant
and
Republic
Respondent
Ruling
1. The applicant jointly with others not before this court was charged and sentenced to death for the offence of robbery with violence contrary to section 296(2) of the Penal Code in Kibera Criminal Case no. 1004 of 2013. Her appeal to this court was upheld the conviction and sentence vide Nairobi Criminal Appeal No. 98 of 2014. Pursuant to the decision of Francis Muruatetu & Another vs Republic [2017] EKLR, the applicant was resentenced to 25 years imprisonment on 4th October 2020.
2. The applicant has now filed the present application seeking further resentencing. The application is supported by an affidavit sworn by the applicant. The averments made are that she is an elderly woman being 60 years old. She is remorseful. She has developed health problems since her incarceration. She is the sole breadwinner in her family.
3. I have considered the application, the averments in support and the applicable law. The issue for consideration is whether this court should grant the orders sought.
4. In my opinion, there is no legal provision for an appeal or revision of a resentence. The 25-year sentence the applicant is serving is reasonable given the aggravating circumstances of the case. The victim died as a result of the crime, making the 25-year sentence appropriate.
5. The application is dismissed for lacking in merit. The applicant is directed not to file a similar application without leave of court.
Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 22ND DAY OF MAY 2024D. KAVEDZAJUDGE