[2022] KEHC 13698 (KLR)
The court found that the petitioner was not serving a mandatory death sentence, as his sentence had already been reduced to thirty years by the Court of Appeal. Therefore, the Supreme Court's decision in Muruatetu, which allows for resentencing where a mandatory death sentence was imposed, did not apply to his case....
Source-derived case information.
- Citation
- [2022] KEHC 13698 (KLR)
- Parties
- Applicant: Joseph Lomonyi Yokongwa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Petition E073 of 2021
- Procedural Posture
- Constitutional Petition / Ruling on Petition Challenging Sentence
- Outcome
- petition dismissed
- Judges
- TW Cherere
- Legal Topics
- Murder Sentencing, Constitutional Challenge, Application of Supreme Court Precedent
- 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
Joseph Lomonyi Yokongwa
Applicant
Republic
Respondent
Procedural Posture
Constitutional Petition / Ruling on Petition Challenging Sentence
Legal Issues
- 1 Whether the petitioner is entitled to resentencing under the Supreme Court decision in Francis Karioko Muruatetu & another v Republic.
- 2 Whether the petitioner's sentence is a mandatory death sentence to which the Muruatetu decision applies.
Ratio Decidendi
The court found that the petitioner was not serving a mandatory death sentence, as his sentence had already been reduced to thirty years by the Court of Appeal. Therefore, the Supreme Court's decision in Muruatetu, which allows for resentencing where a mandatory death sentence was imposed, did not apply to his case. The petition was found to be unmerited and was dismissed.
Court Disposition
petition dismissed
Orders
- The petition is dismissed.
Full Case Text
Judgment text and source record
19 paragraphs
Yokongwa v Republic (Petition E073 of 2021) [2022] KEHC 13698 (KLR) (13 October 2022) (Ruling)
Neutral citation: [2022] KEHC 13698 (KLR)
Republic of Kenya
In the High Court at Meru
Petition E073 of 2021
TW Cherere, J
October 13, 2022
Between
Joseph Lomonyi Yokongwa
Petitioner
and
Republic
Respondent
Ruling
1. By a judgment in Meru in Criminal Case No 6 of 2012 delivered on November 17, 2016, petitioner was sentenced to death for the offence of murder.
2. He appealed to the Court of Appeal vide Criminal Appeal 101 of 201 and the sentence was reduced to thirty (30) years from November 30, 2015 when the appellant was convicted and sentenced.
3. It is apparent from the foregoing that petitioner is not serving a mandatory death sentence to which the dicta of Supreme Court in Francis Karioko Muruatetu & another v Republic; Katiba Institute & 5 others (Amicus Curiae)[2021] eKLR applies.
4. I therefore find that this petition is unmerited and it is dismissed
DELIVERED AT MERU THIS 13TH DAY OF OCTOBER, 2022. WAMAE. T. W. CHEREREJUDGEAppearancesCourt Assistant - KinotiPetitioner - Present in personFor the State - Ms. Mwaniki (PPC)