Case ID:182470

JKK v Republic [2021] eKLR

Case Metadata

Case Number:

Miscellaneous Criminal Application 10 of 2021

Parties:

John Kigera Kagunda v Republic

Date Delivered:

23 Sep 2021

Case Class:

Criminal

Court:

High Court at Kitale

Case Action:

Ruling

Judge(s):

Luka Kiprotich Kimaru

Citation:

JKK v Republic [2021] eKLR

Court Division:

Criminal

County:

Machakos

Extract:

0

Case Outcome:

Application 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 KITALE

MSC. CRIMINAL APPLICATION NO. 10 OF 2021

JKK ...........................................................................................APPLICANT

VERSUS

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

RULING

The Applicant, JKK, was convicted of

Incest

contrary to

Section 20(1)

of the Sexual

Offences Act

and sentenced to serve fifteen (15) years imprisonment. His appeal to this Court was dismissed. Undaunted, and presumably encouraged by the court of Appeal’s interpretation of

Francis Karioko Muruatetu – Vs – R [2017] eKLR

which extended the application of the said decision to sentences imposed under the

Sexual Offence Act

(which has now been restated by the Supreme Court), he has made an application to have his sentence revised.

The Applicant states that he had not appealed against the dismissal of his appeal to the Court of Appeal. He was remaining with a period of six (6) years to complete his sentence. He pleaded with the court to grant his plea for reduction of custodial sentence so that he can have a second shot at life. He had reformed. He had undertaken various Courses while in Prison including tailoring and biblical studies that have made him a better person. He regrets the crime that he committed. Mr Omooria for State opposed the application. He stated that the Applicant was convicted of a serious offence which the court should take into account.

As stated earlier in this ruling, the Supreme Court did on 6

th

July 2021 clarify

in Francis Karioko Murautetu V. Republic [2021] eKLR

that the above decision only applied to those convicted in murder cases and not any other type of cases. In the premises therefore, since the Applicant has already had his appeal considered by the High Court, and a decision rendered, this court lacks jurisdiction to reconsider his plea for resentencing. That jurisdiction was removed from the court in the above decision rendered by the Supreme Court.

Therefore, even if this court had sympathy with the Applicant’s application, its jurisdiction has been invoked and exhausted. The application is the circumstances lacks merit and is hereby dismissed.

DATED AT KITALE THIS 23RD DAY OF SEPTEMBER, 2021.

L. KIMARU

JUDGE