Case Metadata |
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| Case Number: | Constitutional Petition 13 (E017) of 2021 |
|---|---|
| Parties: | Richard Nyambuga v Republic |
| Date Delivered: | 11 Mar 2022 |
| Case Class: | Criminal |
| Court: | High Court at Kisii |
| Case Action: | Judgment |
| Judge(s): | Rose Edwina Atieno Ougo |
| Citation: | Richard Nyambuga v Republic [2022] eKLR |
| Advocates: | Kennedy Ochieng Odongo for Applicant Mr. Kaino foor State Counsel ODPP |
| Court Division: | Criminal |
| County: | Kisii |
| Advocates: | Kennedy Ochieng Odongo for Applicant Mr. Kaino foor State Counsel ODPP |
| History Advocates: | Both Parties Represented |
| Case Outcome: | Amended 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 OF KENYA
AT KISII
CON-PET. NO.13 (E017) OF 2021
RICHARD NYAMBUGA..................................................................APPLICANT
VERSUS
REPUBLIC.....................................................................................RESPONDENT
JUDGMENT
1. The petitioner Richard Nyambuga in his amended Petition filed on the 4/11/2021 seeks resentencing. The petitioner is currently serving a life sentence.
2. The petition was opposed by the State. Mr. Kaino argued that the case of Francis Muruatetu & Another vs R (2017) eKLR only applied to murder cases. That the Supreme Court has given directions that its decision in the Muruatetu case does not apply to Robbery with violence cases or sexual offence cases.
3. The Supreme Court on the 6/7/2021 gave directions in the case of Muruatetu that its decision in the said matter only applied to sentences in murder case under section 203 and 204 of the Penal Code.
4. The said directions are binding to this court, thus the petitioner’s request for resentencing cannot be granted. The amended petition is therefore dismissed.
DATED, SIGNED AND DELIVERED AT KISII THIS 11TH DAY OF MARCH 2022.
R. E. OUGO
JUDGE
In the presence of:
Kennedy Ochieng Odongo for Applicant
Mr. Kaino for State Counsel ODPP
Kevin - Court Assistant
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