[2022] KEHC 10423 (KLR)
The court held that it lacked jurisdiction to review the applicant's sentence for robbery with violence in light of the Supreme Court's clarification in the 2021 Muruatetu directions, which limited the application of the principle on the unconstitutionality of mandatory death sentences to murder cases only....
Source-derived case information.
- Citation
- [2022] KEHC 10423 (KLR)
- Parties
- Applicant: Pauline Nyawira Wanyoike; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E124 of 2021
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Review of Sentence
- Outcome
- application dismissed
- Judges
- LN Mutende
- Legal Topics
- Robbery With Violence, Sentencing Review, Mandatory Sentences, Jurisdiction of High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pauline Nyawira Wanyoike
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Review of Sentence
Legal Issues
- 1 Whether the High Court has jurisdiction to review the applicant's sentence for robbery with violence in light of the Supreme Court's clarification in Muruatetu.
- 2 Whether the sentences for the two counts should run concurrently.
Ratio Decidendi
The court held that it lacked jurisdiction to review the applicant's sentence for robbery with violence in light of the Supreme Court's clarification in the 2021 Muruatetu directions, which limited the application of the principle on the unconstitutionality of mandatory death sentences to murder cases only. Consequently, the application for the sentences to run concurrently was dismissed.
Court Disposition
application dismissed
Orders
- The application for review of sentence is dismissed.
Full Case Text
Judgment text and source record
22 paragraphs
Wanyoike v Republic (Miscellaneous Criminal Application E124 of 2021) [2022] KEHC 10423 (KLR) (Crim) (4 May 2022) (Ruling)
Neutral citation: [2022] KEHC 10423 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Miscellaneous Criminal Application E124 of 2021
LN Mutende, J
May 4, 2022
Between
Pauline Nyawira Wanyoike
Applicant
and
Republic
Respondent
Ruling
1. Pauline Nyawira Wanyoike, the applicant through an undated application seeks review of the sentence by the trial court.
2. Having been found guilty of two counts of robbery with violence the trial court sentenced the applicant to suffer death on the 1st count; while the sentence on the 2nd count was left in abeyance.
3. Following the decision of Muruatetu v R[2017] eKLR, the applicant petitioned the court and was resentenced to serve ten (10) years imprisonment on each count; and it is now urged that the sentences be ordered to run concurrently.
4. Following directions given in Francis Karioko Muruatetu & another v Republic (2021) eKLR the Supreme Court reviewed the Muruatetu [2017] eKLR case and clarified that the principle that was set declaring the mandatory death sentence unconstitutional was only applicable to murder cases.
5. In the premises I have no jurisdiction to grant orders sought, therefore, the application fails and is dismissed.
6. It is so ordered.
DATED, SIGNED AND DELIVERED VIRTUALLYAT NAIROBI THIS 4TH DAY OF MAY, 2022. L. N. MUTENDEJUDGEIN THE PRESENCE OF:Ms. Chege for ODPPApplicant presentCourt Assistant – Mutai