Patrick Mwendwa Makau v Republic [2020] KEHC 5744 (KLR)
- Court
- High Court of Kenya
- Case number
- 5744
- Citation
- [2020] KEHC 5744 (KLR)
- Decided
- 26 May 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
Typeresentencing applicationPostureappeal from conviction and sentence, new application for resentencingCoramD. K. Kemei
Holding
The court denies the application for resentencing and advises the applicant to move to the Court of Appeal to address both issues of conviction and sentence.
Facts
The applicant was convicted and sentenced to 20 years' imprisonment for defilement, and appealed to the High Court which confirmed the conviction and enhanced the sentence.
Issues
- whether the applicant is entitled to resentencing
- whether the court has jurisdiction to entertain the application
Reasoning
The court finds that the applicant is not entitled to resentencing as he was not sentenced to death, and that the court is functus officio and cannot entertain the application.
Outcome
The application for resentencing is dismissed.
Orders
- The application for resentencing is dismissed.
- The applicant is advised to move to the Court of Appeal to address both issues of conviction and sentence.
Authorities cited
Legislation (2)
- Sexual Offences Act
- Article 50(2)(p) of the Constitution
Cases cited (2)
- Francis Karioko Muruatetu & Another v Republic & 5 Others [2016] eKLR
- S v. Ndlovu 2012 (1) ZLR 393
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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