Case ID:185914

Peter Omukuya Mango v Republic [2021] eKLR

Case Metadata

Case Number:

Criminal Petition 43 of 2019

Parties:

Peter Omukuya Mango v Republic

Date Delivered:

15 Nov 2021

Case Class:

Criminal

Court:

High Court at Kakamega

Case Action:

Ruling

Judge(s):

William Musya Musyoka

Citation:

Peter Omukuya Mango 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

CRIMINAL PETITION NO. 43 OF 2019

PETER OMUKUYA MANGO............

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 petition herein, undated, was filed herein on 1

st

April 2019, 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 seeks review of his sentence, where he had been convicted of defilement, contrary to section 8(1)(3) of the Sexual Offences Act, No. 3 of 2006, in Butere SRMCCRC No. 954 of 2009, and was sentenced to serve thirty years in prison. He filed appeals in Kakamega HCCRA No. 11 of 2010 and Kisumu CACRA No. 243 of 2012, which were dismissed, save that at the High Court the sentence was reduced to twenty years’ imprisonment.

3. The offence, the subject of the instant proceedings, is not murder, but gang rape or defilement, as defined in section 8(1)(3) of the Sexual Offences Act, the decision in

Francis Karioko Muruatetu & another vs. Republic

[2017] eKLR (Maraga CJ&P, Mwilu DCJ&VP, Ojwang, Wanjala, Njoki and Lenaola SCJJ), therefore, does not apply to it. As a consequence, the High Court has no jurisdiction to review the sentence that was imposed by the trial court, in view of the directions given 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). The petition is incompetent. The file herein to be closed.

4. The Deputy Registrar, shall cause copies of this ruling to be availed to the applicant and the office of Director of Public Prosecutions, Kakamega.

PREPARED, DATED AND SIGNED AT KAKAMEGA THIS 15

TH

DAY OF NOVEMBER 2021

W MUSYOKA

JUDGE