Case ID:175557

Kenneth Mutethia Muriuki v Republic [2021] eKLR

Case Metadata

Case Number:

Criminal Petition E008 of 2020

Parties:

Kenneth Mutethia Muriuki v Republic

Date Delivered:

20 May 2021

Case Class:

Criminal

Court:

High Court at Meru

Case Action:

Judgment

Judge(s):

Thripsisa Wanjiku Cherere

Citation:

Kenneth Mutethia Muriuki v Republic [2021] eKLR

Advocates:

For Petitioner - Kaberia Arimba & Co. Advocates

For the State Ms. Mbithe

Court Division:

Criminal

County:

Meru

Advocates:

For Petitioner - Kaberia Arimba & Co. Advocates

For the State Ms. Mbithe

History Advocates:

Both Parties Represented

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 OF KENYA

AT MERU

(CORAM: CHERERE- J.)

CRIMINAL PETITION NO. E008 OF 2020

BETWEEN

KENNETH MUTETHIA MURIUKI...........................................................PETITIONER

AND

REPUBLIC...................................................................................................RESPONDENT

JUDGMENT

1) By a judgment in

MERU HC. CR.C. NO. 68 OF 2013

, Petitioner was convicted for murder and sentenced to suffer death

2) His appeal to the Court of Appeal vide

NYERI CRIMINAL APPEAL NO. 139 OF 2017

was successful and he was found guilty of manslaughter and sentenced to serve 15 years from 18

th

July, 2017 when he was sentenced.

3) Section 205 of the Penal Code provides that Manslaughter

Any person who commits the felony of manslaughter is liable to imprisonment for life.

4) The Court of Appeal in its wisdom finding the Petitioner guilty of manslaughter exercised its discretion and sentenced him to serve 15 years from 18

th

July, 2017 when he was initially sentenced by the High Court.

5) I have considered the principle in the

Muruatetu case

and I find that it is not applicable to this case for the reason that the Petitioner was neither sentenced to a mandatory minimum nor maximum sentence.

6) And even if the Petitioner is of the view that the sentence ought to have taken into account the period spent in custody, his remedy lies not with this court but with the Court of Appeal for the reason that this court lacks jurisdiction to review a Court of Appeal decision.

7) From the foregoing, I find that this Petition is misguided and it is disallowed.

DELIVERED AT MERU THIS

20

th

DAY OF May 2021

T. W. CHERERE

JUDGE

In the presence of

-

Court Assistant - Kinoti

Petitioner - Present

For Petitioner - Mr. Omari for Kaberia Arimba & Co. Advocates

For the State - Ms. Mbithe