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

Meta Info:

{'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 \nRepublic [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'}