[2021] KEHC 2050 (KLR)
The court held that the applicant, having already benefited from resentencing in 2019 where his death sentence for robbery with violence was reduced to fifteen years’ imprisonment, is not entitled to a further reconsideration of his sentence. The Supreme Court's 2021 clarification in the Muruatetu case restricts the...
Source-derived case information.
- Citation
- [2021] KEHC 2050 (KLR)
- Parties
- Applicant: Wycliffe Were Sitati; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E001 of 2021
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Reconsideration of Sentence
- Outcome
- application dismissed
- Judges
- DN Musyoka
- Legal Topics
- Resentencing, Mandatory Sentences, Robbery With Violence, Probation Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wycliffe Were Sitati
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Reconsideration of Sentence
Legal Issues
- 1 Whether the applicant is entitled to a further reconsideration of sentence after already benefiting from resentencing under the Muruatetu decision.
- 2 Whether the Supreme Court's clarification in the 2021 Muruatetu decision limits resentencing to murder cases only.
Ratio Decidendi
The court held that the applicant, having already benefited from resentencing in 2019 where his death sentence for robbery with violence was reduced to fifteen years’ imprisonment, is not entitled to a further reconsideration of his sentence. The Supreme Court's 2021 clarification in the Muruatetu case restricts the application of its earlier decision on mandatory sentences to murder cases only, and does not extend to other offences such as robbery with violence. Therefore, the application for probation or further sentence reduction is without merit and the file is ordered closed.
Court Disposition
application dismissed
Orders
- The application for reconsideration of sentence is dismissed.
- The file is ordered closed.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
MISCELLANEOUS CRIMINAL APPLICATION NO. E001 OF 2021
WYCLIFFE WERE SITATI.................APPLICANT
VERSUS
REPUBLIC........................................RESPONDENT
RULING
1. This matter was placed before me for the purpose of giving directions, in view of the recent decision by the Supreme Court in Francis Karioko Muruatetu & another vs. Republic; Katiba Institute & 5 others(Amicus Curiae[2021] (Koome CJ&P, Mwilu DCJ&VP, Ibrahim, Wanjala, Ndung’u & Lenaola SSJJ), with respect to mandatory sentences, where it was clarified that the decision, in Francis Karioko Muruatetu & another vs. Republic[2017] eKLR (Maraga CJ&P, Mwilu DCJ&VP, Ojwang, Wanjala, Njoki and Lenaola SCJJ), had arisen from proceedings relating to murder, under section 204 of the Penal Code, Cap 63, Laws of Kenya, and the position stated in the said decision was intended to apply only to mandatory sentences with respect to murder cases.
2. The application herein, the Motion dated 4th January 2021, does not appear to be based on Francis Karioko Muruatetu & another vs. Republic[2017] eKLR (Maraga CJ&P, Mwilu DCJ&VP, Ojwang, Wanjala, Njoki and Lenaola SCJJ). The applicant had, in separate proceedings sought re-sentencing under Francis Karioko Muruatetu & another vs. Republic[2017] eKLR (Maraga CJ&P, Mwilu DCJ&VP, Ojwang, Wanjala, Njoki and Lenaola SCJJ), and his death sentence was reduced to fifteen years’ imprisonment. He now prays that he be considered for probation.
3. The applicant benefited from re-sentencing in 2019. I am not persuaded that he qualifies so soon for another round of reconsideration of his sentence, for the very serious offence of robbery with violence, for which he had been sentenced to death. The file shall be closed.
4. The Deputy Registrar to cause copies of this ruling to be availed to the applicant and the office of the Director of Public Prosecutions.
PREPARED, DATED AND SIGNED AT KAKAMEGA THIS 12TH DAY OF NOVEMBER 2021
W MUSYOKA
JUDGE