Maxwell Mwangi v Republic [2021] KEHC 1055 (KLR)
- Court
- High Court of Kenya
- Case number
- 1055
- Citation
- [2021] KEHC 1055 (KLR)
- Decided
- 10 December 2021
The High Court strikes out the application for review of the sentence, as it lacks jurisdiction due to the decision in Francis Karioko Muruatetu & another vs. Republic; Katiba Institute & 5 others (Amicus Curiae [2021] (Koome CJ&P, Mwilu DCJ&VP, Ibrahim, Wanjala, Ndung’u & Lenaola SSJJ)).
Facts
The applicant was convicted of defilement and sentenced to life imprisonment. He appealed to the Court of Appeal, which affirmed the conviction and reduced the sentence to 15 years. He then sought review of his sentence in the High Court.
Issues
- Whether the High Court has jurisdiction to review the sentence imposed by the trial court
- Whether the decision in Francis Karioko Muruatetu & another vs. Republic [2017] eKLR applies to defilement cases
Reasoning
The court finds that the decision in Francis Karioko Muruatetu & another vs. Republic [2017] eKLR does not apply to defilement cases, as it was based on murder cases. The court lacks jurisdiction to review the sentence.
Outcome
The application for review of the sentence is struck out.
Orders
- The application for review of the sentence is struck out.
- The instant file shall be closed.
Authorities cited
Legislation (2)
- Sexual Offences Act, No. 3 of 2006
- Penal Code, Cap 63, Laws of Kenya
Cases cited (2)
- Francis Karioko Muruatetu & another vs. Republic [2017] eKLR
- Francis Karioko Muruatetu & another vs. Republic; Katiba Institute & 5 others (Amicus Curiae [2021] (Koome CJ&P, Mwilu DCJ&VP, Ibrahim, Wanjala, Ndung’u & Lenaola SSJJ))
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