[2021] KEHC 1113 (KLR)
The court held that the Supreme Court's decision in Muruatetu, which declared mandatory death sentences unconstitutional, was clarified by subsequent guidelines to apply exclusively to murder cases under Sections 203 and 204 of the Penal Code. As such, the petitioner's application for resentencing under the Sexual...
Source-derived case information.
- Citation
- [2021] KEHC 1113 (KLR)
- Parties
- Applicant: Simon Kinyua Muriuki; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kerugoya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 3 of 2020
- Procedural Posture
- Miscellaneous Criminal Application / Judgment
- Outcome
- petition dismissed
- Judges
- JK Mulwa, RM Mwongo
- Legal Topics
- Defilement Offence, Sentencing Guidelines, Sexual Offences Act, Resentencing Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Simon Kinyua Muriuki
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Judgment
Legal Issues
- 1 Whether the Supreme Court decision in Muruatetu applies to mandatory minimum sentences under the Sexual Offences Act.
- 2 Whether the petitioner is entitled to a resentencing hearing based on the Muruatetu decision.
Ratio Decidendi
The court held that the Supreme Court's decision in Muruatetu, which declared mandatory death sentences unconstitutional, was clarified by subsequent guidelines to apply exclusively to murder cases under Sections 203 and 204 of the Penal Code. As such, the petitioner's application for resentencing under the Sexual Offences Act, based on the Muruatetu decision, is not tenable. The court therefore dismissed the petition, finding that it lacked merit in light of the Supreme Court's express limitation of the Muruatetu decision's applicability.
Court Disposition
petition dismissed
Orders
- The petition for resentencing is dismissed.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT
AT KERUGOYA
MISC. CRIMINAL APPLICATION NO. 3 OF 2020
(From original conviction and sentence in Criminal Case No. 17 of 2015 of the Principal Magistrate’s Court at Gichugu & Criminal Appeal 19 of 2017 Kerugoya High Court)
SIMON KINYUA MURIUKI...PETITIONER
VERSUS
REPUBLIC..............................RESPONDENT
JUDGMENT
1. The Petitioner Simon Kinyua Muriuki was charged and convicted for the offence of Defilement Contrary to Section 8 (1) as read with Section 8 (3) of the Sexual Offences Act No. 3 of 2006. He was sentenced to serve 25 years imprisonment on the 17. 3.2017.
His appeal to this court vide HCRA No. 19 of 2017 was dismissed.
2. Pursuant to “Muruatetu” Supreme Court decision - Francis Muruatetu Karioko V. R Petition No. 15 & 16 (Consolidated)(2015),the petitioner has now approached this court for re-sentence hearing.
The “Muruatetu”decision was rendered on the 14. 12. 2017. Since then, re-sentence hearing by all courts below have exercised their discretion in re-sentencing where there existed death minimum and mandatory sentences, notably Robbery with Violence, Attempted Robbery with Violence, Sexual Offences Act among others.
3. On the 6. 7.2021, the Supreme Court in order to give clarity to the applicability of its decision on the 14. 12. 2017, gave policy guidelines thus the decision on “Muruatetu”dated 14. 12. 2017 apply ONLY in respect to sentences for the offence of Murder Contrary to Section 203 and 204 of the Penal Code.
Thus, applications for sentence – rehearing based on the “Muruatetu”decision for any other offences save for murder as aforesaid shall not be entertained.
4. For the foregoing, this petition is dismissed.
Dated and Signed this…………..….……day of………....…….2021
J. N. MULWA
JUDGE
DATED AND DELIVERED AT KERUGOYA THIS 18TH DAY OF NOVEMBER, 2021
R. M. MWONGO
JUDGE