Case ID:185930

Wilfred Amulwa Awade v Republic [2021] eKLR

Case Metadata

Case Number:

Criminal Petition 4 of 2018

Parties:

Wilfred Amulwa Awade v Republic

Date Delivered:

15 Nov 2021

Case Class:

Criminal

Court:

High Court at Kakamega

Case Action:

Ruling

Judge(s):

William Musya Musyoka

Citation:

Wilfred Amulwa Awade v Republic [2021] eKLR

Court Division:

Criminal

County:

Kakamega

Case Outcome:

Petition struck out

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. 4 OF 2018

WILFRED AMULWA AWADE....................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. There are two petitions herein, one filed on 14

th

March 2018 and the other on 20

th

August 2021, and both principally ride 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 robbery with violence, under section 296(2) of the Penal Code, in Kakamega CMCCRC No. 1161 of 2004, and was sentenced to death. He lodged appeals in Kakamega HCCRA No. 190 of 2009 and Kisumu CACRA No. 51 of 2013, but both of which appeals were dismissed.

3. The offence, the subject of the instant proceedings, is not murder, but robbery with violence, as defined in section 296(2) of the Penal Code, 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, 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). Since there is no jurisdiction on my part to entertain the petition, I shall strike it out, for it is incompetent. The said file shall be closed.

4. The Deputy Registrar shall cause copies of this ruling to be availed to the petitioner 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