Case ID:206184

Kamunya v Republic (Criminal Case 1 of 2017) [2022] KEHC 14631 (KLR) (27 October 2022) (Judgment)

Case Metadata

Case Number:

Criminal Case 1 of 2017

Parties:

Kamunya v Republic

Date Delivered:

27 Oct 2022

Case Class:

Court:

High Court at Meru

Case Action:

Judgment

Judge(s):

Thripsisa Wanjiku Cherere

Citation:

Kamunya v Republic (Criminal Case 1 of 2017) [2022] KEHC 14631 (KLR) (27 October 2022) (Judgment)

Court Division:

Criminal

County:

Meru

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

Kamunya v Republic (Criminal Case 1 of 2017) [2022] KEHC 14631 (KLR) (27 October 2022) (Judgment)

Neutral citation:

[2022] KEHC 14631 (KLR)

Republic of Kenya

In the High Court at Meru

Criminal Case 1 of 2017

TW Cherere, J

October 27, 2022

Between

Agnes Murochia Kamunya

Applicant

and

Republic

Respondent

Judgment

1.

On February 17, 2022, applicant was convicted of the offence of manslaughter contrary to section 202(1) as read with section 206 of the

Penal Code

. Subsequently on March 30, 2022, applicant was sentenced to serve 5 years’ imprisonment.

2.

Applicant has neither appealed against conviction nor sentence. Punishment of manslaughter. Section 205 of the

Penal Code

provides that

"Any person who commits the felony of manslaughter is liable to imprisonment for life.

As stated hereinabove, the court in its discretion sentenced applicant to 5 years’ imprisonment.

3.

It is apparent that applicant is not serving a mandatory maximum or minimum sentence to which the dicta of Supreme Court in

Francis Karioko Muruatetu & another v Republic; Katiba Institute & 5 others (Amicus Curiae) [2021] eKLR

applies.

4.

I therefore find that this application for resentence is unmerited and it is dismissed

DELIVERED AT MERU THIS 27

TH

DAY OF OCTOBER 2022

WAMAE T W CHERERE

JUDGE

Appearances

Court Assistant - Kinoti

Applicant - Present in person

For Applicant - Mr. Omari

For the State - Ms. Mwaniki (PPC)