Case ID:185472

Henry Likhanga v Republic [2021] eKLR

Case Metadata

Case Number:

Miscellaneous Criminal Application 97 of 2019

Parties:

Henry Likhanga v Republic

Date Delivered:

12 Nov 2021

Case Class:

Civil

Court:

High Court at Kakamega

Case Action:

Ruling

Judge(s):

William Musya Musyoka

Citation:

Henry Likhanga v Republic [2021] eKLR

Court Division:

Criminal

County:

Kakamega

Case Outcome:

Deputy registrar to fix the matter for mention for further directions

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. 97 OF 2019

HENRY LIKHANGA

...................................................................................APPLICANT

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 matter arises from a conviction for murder in Kakamega HCCCRC No. 32 of 2005. The decision in

Francis Karioko Muruatetu & another vs. Republic

[2017] eKLR (Maraga CJ&P, Mwilu DCJ&VP, Ojwang, Wanjala, Njoki and Lenaola SCJJ), therefore applies to it. Let the Deputy Registrar cause the undated Motion lodged herein on 8

th

November 2019 be made available to the Director of Public Prosecutions, Kakamega. The application shall be canvassed by way of written submissions, and the County Director of Probation and aftercare Services and the Kenya Prison Service are hereby directed to prepare and file reports on the circumstances of the applicant.

3. The Deputy Registrar shall fix the matter for mention for further directions, and shall cause copies of this ruling to be availed to the applicant, the Kakamega office of Director of Public Prosecutions, the Kakamega County Director of Probation and aftercare Services and the Kenya Prisons Service.

PREPARED, DATED AND SIGNED AT KAKAMEGA THIS 12TH DAY OF NOVEMBER, 2021

W. MUSYOKA

JUDGE