[2023] KEHC 3861 (KLR)
The High Court lacks jurisdiction to entertain a re-sentencing petition where a similar court has already dismissed the appeal. Furthermore, the Supreme Court's decision in Muruatetu is not authority for declaring all mandatory or minimum sentences unconstitutional; its application is expressly limited to murder...
Source-derived case information.
- Citation
- [2023] KEHC 3861 (KLR)
- Parties
- Applicant: Peter Sande Wanyonyi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Criminal Petition 36 of 2019
- Procedural Posture
- Criminal Petition / Judgment
- Outcome
- petition dismissed
- Judges
- REA Ougo
- Legal Topics
- Resentencing, Robbery With Violence, Mandatory Sentences, Jurisdiction of High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Peter Sande Wanyonyi
Applicant
Republic
Respondent
Procedural Posture
Criminal Petition / Judgment
Legal Issues
- 1 Whether the High Court has jurisdiction to entertain a re-sentencing petition where a similar court has already dismissed the appeal.
- 2 Whether the Supreme Court decision in Muruatetu applies to mandatory sentences for robbery with violence.
Ratio Decidendi
The High Court lacks jurisdiction to entertain a re-sentencing petition where a similar court has already dismissed the appeal. Furthermore, the Supreme Court's decision in Muruatetu is not authority for declaring all mandatory or minimum sentences unconstitutional; its application is expressly limited to murder cases. Since the petitioner's conviction was for robbery with violence, the request for review of sentence based on Muruatetu is without merit. The petition is therefore dismissed for want of jurisdiction and lack of merit under the applicable legal principles.
Court Disposition
petition dismissed
Orders
- The petition is dismissed.
Full Case Text
Judgment text and source record
18 paragraphs
Wanyonyi v Republic (Criminal Petition 36 of 2019) [2023] KEHC 3861 (KLR) (3 April 2023) (Judgment)
Neutral citation: [2023] KEHC 3861 (KLR)
Republic of Kenya
In the High Court at Bungoma
Criminal Petition 36 of 2019
REA Ougo, J
April 3, 2023
Between
Peter Sande Wanyonyi
Petitioner
and
Republic
Respondent
Judgment
1. Peter Sande Wanyonyi , the Petitioner, filed a petition on the 14th November 2019 seeking re-sentencing in respect of CRC No. 258/07 at CM’s Bungoma. The petitioner states that he was charged and sentenced to death for the offence of robbery with violence in CRC No. 258 of 2007. He filed an appeal to the High Court vide HCCRA No. 2,3,& 9 of 2008 at Bungoma & CRA No. 279/09 at Eldoret. His death sentence was later commuted to a life sentence in 2009. He has been in custody for 12 years since his arrest. That based on the Supreme Court ruling the mandatory death sentence awarded to him is unconstitutional inhumane and degrading.
2. The petition was opposed by the respondent on grounds that the petitioner’s appeal was dismissed by the High court and that this court does not have the jurisdiction to entertain the petition.
3. I agree with the Respondent that this court lacks the jurisdiction to grant the orders being sought as a court of similar jurisdiction heard the petitioner’s appeal and dismissed it. . The directions given on 6th July 2021 by the Supreme Court in the case of Francis Karioko Muruatetu & Another v Republic [2017] eKLR was that the said decisional law is not an authority to declare all mandatory or minimum sentences unconstitutional. Its application was limited to murder cases falling within its scope. Therefore, the petitioner’s being a case of robbery with violence, the request by the petitioner for review of sentence on the basis of Muruatetu case is without merit . His petition therefore fails and is dismissed.
DATED, SIGNED AND DELIVERED AT BUNGOMA VIA MICROSOFT TEAMS THIS 3RD APRIL 2023. R.E.OUGOJUDGEIn the presence of;Petitioner in personMr. Ayekha For the State/RespondentOkwaro C/A