Case ID:185403
Parties: None
Date Delivered: None
Case Type: None
Court: None
Judges: None
Citation: None
Protus Osango Murai v Republic [2021] eKLR
Case Metadata
Case Number:
Miscellaneous Criminal Application E015 of 2021
Parties:
Protus Osango Murai v Republic
Date Delivered:
12 Nov 2021
Case Class:
Criminal
Court:
High Court at Kakamega
Case Action:
Ruling
Judge(s):
William Musya Musyoka
Citation:
Protus Osango Murai v Republic [2021] eKLR
Court Division:
Criminal
County:
Kakamega
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 KAKAMEGA
MISCELLANEOUS CRIMINAL APPLICATION NO. E015 OF 2021
PROTUS OSANGO MURAI
...........PETITIONER
VERSUS
REPUBLIC
.....................................RESPONDENT
RULING
1. This matter was placed before me for the purpose of giving directions, in view of the recent decision by the Supreme Court 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), with respect to mandatory sentences, where it was clarified that the decision, in
Francis Karioko Muruatetu & another vs. Republic
[2017] eKLR (Maraga CJ&P, Mwilu DCJ&VP, Ojwang, Wanjala, Njoki and Lenaola SCJJ), had arisen from proceedings relating to murder, under section 204 of the Penal Code, Cap 63, Laws of Kenya, and the position stated in the said decision was intended to apply only to mandatory sentences with respect to murder cases.
2. The application herein, dated 5
th
March 2021, and filed herein on even date, is not premised on
Francis Karioko Muruatetu & another vs. Republic
[2017] eKLR (Maraga CJ&P, Mwilu DCJ&VP, Ojwang, Wanjala, Njoki and Lenaola SCJJ), for the subject conviction was not in respect of mandatory sentences. The issues raised in the application are issues that he should have raised in an appeal against sentence. He does not appear to have had filed any appeal. He is way out of time. The application is incompetent and it is hereby dismissed. File to be closed.
3. The Deputy Registrar to cause copies of this ruling to be availed to the applicant and the office of the Director of Public Prosecutions.
PREPARED, DATED AND SIGNED AT KAKAMEGA THIS 12
TH
DAY OF NOVEMBER 2021
W MUSYOKA
JUDGE