Case ID:185612
Parties: None
Date Delivered: None
Case Type: None
Court: None
Judges: None
Citation: None
Andrew Peku Otanga v Republic [2021] eKLR
Case Metadata
Case Number:
Miscellaneous Criminal Application 33 of 2019
Parties:
Andrew Peku Otanga v Republic
Date Delivered:
17 Nov 2021
Case Class:
Criminal
Court:
High Court at Kakamega
Case Action:
Ruling
Judge(s):
William Musya Musyoka
Citation:
Andrew Peku Otanga v Republic [2021] eKLR
Court Division:
Criminal
County:
Kakamega
Case Outcome:
File closed
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. 33 OF 2019
ANDREW PEKU OTANGA....................................................................................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 chamber summons herein, dated 22
nd
May 2019 , but filed herein on an unknown date, principally rides on the decision, in
Francis Karioko Muruatetu & another vs. Republic
[2017] eKLR (Maraga CJ&P, Mwilu DCJ&VP, Ojwang, Wanjala, Njoki and Lenaola SCJJ), for the petitioner seek review of his sentence, where he had been convicted of robbery with violence, under section 296(2) of the Penal Code, Cap 63, Laws of Kenya, in Vihiga PMCCRC No. 1713 of 2001, and was sentenced to death, later commuted to life imprisonment by the President of the Republic of Kenya. He filed appeals in Kakamega HCCRA No. 263 of 2002 and Kisumu CACRA No. 262 of 2009, the appellate courts dismissed the appeals and affirmed the conviction.
3. The application herein is brought by the same person as the that in Kakamega High Court Criminal Petition No. 78 of 2019. The instant application was the first in time, but since I have already dealt with Kakamega High Court Criminal Petition No. 78 of 2019, I shall treat the pendcy of the instant matter as an abuse of court process, since the two matters were filed by the same person, based on the same facts, and seeking similar or the same orders. The application herein is struck out and the file shall be closed.
4. The Deputy Registrar shall cause copies this ruling to be availed to the applicant and the office of Director of Public Prosecutions, Kakamega.
PREPARED, DATED AND SIGNED AT KAKAMEGA THIS 17
TH
DAY OF NOVEMBER, 2021
W MUSYOKA
JUDGE