Case ID:185600
Parties: None
Date Delivered: None
Case Type: None
Court: None
Judges: None
Citation: None
Christopher Ndusi & Kelvin Shitambasi v
Republic [2021] eKLR
Case Metadata
Case Number:
Miscellaneous Criminal Application 72 of 2020
Parties:
Christopher Ndusi & Kelvin Shitambasi v Republic
Date Delivered:
12 Nov 2021
Case Class:
Criminal
Court:
High Court at Kakamega
Case Action:
Ruling
Judge(s):
William Musya Musyoka
Citation:
Christopher Ndusi & Kelvin Shitambasi v
Republic [2021] eKLR
Court Division:
Criminal
County:
Kakamega
Case Outcome:
Application allowed
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. 72 OF 2020
CHRISTOPHER NDUSI........1
ST
APPLICANT
KELVIN SHITAMBASI........2
ND
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. I note that the matter has been handled substantially by Hon. Lady Justice Farah SM Amin, and is at the stage of written submissions and reports by the probation service. Let the matter be placed before the Judge for finalization.
PREPARED, DATED AND SIGNED AT KAKAMEGA THIS 12
TH
DAY OF NOVEMBER, 2021
W MUSYOKA
JUDGE