Haro Guffu Jillo v Republic [2022] KEHC 1038 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

(CORAM: CHERERE- J.)

MISC. CR. APPL. NO. E013 OF 2021

BETWEEN

HARO GUFFU JILLO...........................APPLICANT

AND

REPUBLIC.........................................RESPONDENT

JUDGMENT

1) On 07th July, 2011, Applicant was sentenced to suffer death for the offence of murder. His appeal to the Court of Appeal vide Haro Guffu Jillov Republic [2014] eKLRwas dismissed on 30th April, 2014.

2) Applicant prays for resentence on the ground that he is remorseful and has been in incarceration for 15 years.

3) The state through Ms.Mwaniki, learned counsel for the state submitted that the sentence imposed on the Applicant is constitutional and urged the court to uphold it.

4) Whereas the Supreme Court decision in Francis Karioki Muruatetu & Another v Republic & 5 others [2016] eKLR declaring the mandatory death sentence unconstitutional has necessitated resentencing of all persons previously sentenced to the mandatory minimum and maximum sentences, death remains a lawful sentence for murder.

5) I have considered that the offence herein involved indiscriminate murder of three innocent children and find that the Applicant is undeserving of an order to reduce his sentence.

6) Application for resentence is thus dismissed.

DELIVERED AT MERU THIS 04TH DAY OF APRIL 2022

WAMAE.T. W. CHERERE

JUDGE

In the presence of-

Court Assistant          Kinoti

Applicant        -  Present

For the State        - Ms. Mwaniki