Case Metadata |
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| Case Number: | Criminal Petition 22 of 2019 |
|---|---|
| Parties: | Moses Muriithi Gichimu v Republic |
| Date Delivered: | 15 Dec 2021 |
| Case Class: | Criminal |
| Court: | High Court at Kerugoya |
| Case Action: | Judgment |
| Judge(s): | Janet Nzilani Mulwa |
| Citation: | Moses Muriithi Gichimu v Republic [2021] eKLR |
| Case History: | (From original conviction and sentence in Criminal Case No. 272 of 2015 of the Chief Magistrate’s Court at Kerugoya) |
| Court Division: | Criminal |
| County: | Kirinyaga |
| History Docket No: | Criminal Case 272 of 2015 |
| History County: | Kirinyaga |
| Case Outcome: | Petition dismissed |
| Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
REPUBLIC OF KENYA
IN THE HIGH COURT AT KERUGOYA
CRIMINAL PETITION NO. 22 OF 2019
(From original conviction and sentence in Criminal Case
No. 272 of 2015 of the Chief Magistrate’s Court at Kerugoya)
MOSES MURIITHI GICHIMU......PETITIONER
VERSUS
REPUBLIC.....................................RESPONDENT
JUDGMENT
1. The Petitioner Moses Muriithi Gichimu was charged with the offence of Robbery with Violence Contrary 296 (2) of the Penal Code and sentenced to death at Kerugoya CMCC Criminal Case No. 272 of 2015 on 30.3.2016.
The death sentence was later commuted to life imprisonment by the President.
His appealed at the High Court in Kerugoya in Criminal Appeal No. 16/2018 was dismissed.
2. He proceeded to apply for review of his sentence at the High Court through a petition dated 27.9.2019 pursuant to the Supreme Court decision in Francis Muruatetu -V- Republic [2017] eKLR. He prays for reduction of the sentence.
3. Prior to 6.7.2021, the “Muruatetu” decision was widely applied by the courts to hear re-sentencing applications and reduce sentences for offences that carry mandatory minimum sentences.
However, on the said date, the 6.7.2021, the Supreme Court gave policy guidelines and directions on the application of its decision rendered in the 14.12.2017, and rendered that the decision on Muruatetu and these guidelines apply only in respect to sentence of Murder under Section 203 and 204 of the Penal Code.
Thus, applications for sentence re-hearing for any other offence are excluded, including robbery with violence.
This petition is therefore dismissed.
DATED AND SIGNED THIS………..…………DAY OF……………….…….2021
J. N. MULWA
JUDGE
DATED AND DELIVERED AT KERUGOYA THIS 15TH DAY OF DECEMBER 2021
R. M. MWONGO
JUDGE
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