Case Metadata |
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Case Number: | Miscellaneous Criminal Application E013 of 2021 |
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Parties: | Haro Guffu Jillo v Republic |
Date Delivered: | 04 Apr 2022 |
Case Class: | Criminal |
Court: | High Court at Meru |
Case Action: | Judgment |
Judge(s): | Thripsisa Wanjiku Cherere |
Citation: | Haro Guffu Jillo v Republic [2022] eKLR |
Advocates: | Ms. Mwaniki for the State |
Court Division: | Criminal |
County: | Meru |
Advocates: | Ms. Mwaniki for the State |
History Advocates: | One party or some parties represented |
Case Outcome: | Application for resentence 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 MERU
(CORAM: CHERERE- J.)
MISC. CR. APPL. NO. E013 OF 2021
BETWEEN
HARO GUFFU JILLO...........................APPLICANT
AND
REPUBLIC.........................................RESPONDENT
JUDGMENT
1) On 07th July, 2011, Applicant was sentenced to suffer death for the offence of murder. His appeal to the Court of Appeal vide Haro Guffu Jillo v Republic [2014] eKLR was dismissed on 30th April, 2014.
2) Applicant prays for resentence on the ground that he is remorseful and has been in incarceration for 15 years.
3) The state through Ms.Mwaniki, learned counsel for the state submitted that the sentence imposed on the Applicant is constitutional and urged the court to uphold it.
4) Whereas the Supreme Court decision in Francis Karioki Muruatetu & Another v Republic & 5 others [2016] eKLR declaring the mandatory death sentence unconstitutional has necessitated resentencing of all persons previously sentenced to the mandatory minimum and maximum sentences, death remains a lawful sentence for murder.
5) I have considered that the offence herein involved indiscriminate murder of three innocent children and find that the Applicant is undeserving of an order to reduce his sentence.
6) Application for resentence is thus dismissed.
DELIVERED AT MERU THIS 04TH DAY OF APRIL 2022
WAMAE. T. W. CHERERE
JUDGE
Court Assistant Kinoti
Applicant - Present
For the State - Ms. Mwaniki