Case ID:182312
Parties: None
Date Delivered: None
Case Type: None
Court: None
Judges: None
Citation: None
Gerald Muiruri Wathika v Republic [2021] eKLR
Case Metadata
Case Number:
Miscellaneous Criminal Application E051 of 2021
Parties:
Gerald Muiruri Wathika v Republic
Date Delivered:
27 Sep 2021
Case Class:
Criminal
Court:
High Court at Kiambu
Case Action:
Ruling
Judge(s):
Mary Muhanji Kasango
Citation:
Gerald Muiruri Wathika v Republic [2021] eKLR
Advocates:
Mr. Kasyoka for respondent
Court Division:
Criminal
County:
Kiambu
Advocates:
Mr. Kasyoka for respondent
History Advocates:
One party or some parties represented
Case Outcome:
Notice of notion 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 KIAMBU
MISC. CRIMINAL APPLICATION NO. EO51 OF 2021
GERALD MUIRURI WATHIKA...................................................APPLICANT
VS.
REPUBLIC....................................................................................RESPONDENT
RULING ON REVIEW
1.
GERALD OGUTU
was convicted by Gatundu Chief Magistrate’s Court with the offence of robbery with violence. His appeal before Kiambu High Court, Criminal Appeal No. 126 of 2016 was dismissed.
2. He has approached this Court through Notice of Motion dated 24/5/2021 seeking for re-sentencing as decided by the case of
MURUATETU & ANOTHER VS. REPUBLIC (2017) eKLR
.
3. The application is dismissed because the Supreme Court in
Petition No. 15 & 16 of 2015
(Consolidated) between
FRANCIS KIARIOKO MURUATETU & ANOR AND REPUBLIC & OTHERS
gave further directives on the application of the earlier decision in that petition of 14
th
December, 2017. The further directives were issued by the Supreme Court on 6
th
July, 2021. By those directives the Supreme Court stated thus:-
“The decision of Muruatetu and these guidelines apply only in respect to sentences of murder under Section 203 and 204 of the Penal Code.”
4. It therefore follows that there is no basis to grant the orders sought in the Notice of Motion dated 24
th
May, 2021. It is therefore dismissed.
RULING DATED, SIGNED AND DELIVERED AT KIAMBU THIS 27TH DAY OF SEPTEMBER, 2021.
MARY KASANGO
JUDGE
Coram:
Court Assistant................................................Nancy
Applicant: ..........................................Gerald Otieno
Respondent: ..........................................Mr. Kasyoka
COURT
RULING delivered virtually.
MARY KASANGO
JUDGE