Julius Waititu Muthuita v Republic [2022] KEHC 926 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NYERI

MISC. No. 8 of 2020

JULIUS WAITITU MUTHUITA .........APPLICANT

VERSUS

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

RULING

The applicant herein has filed an application dated 17th February, 2020 seeking for re-hearing of his sentence upon being convicted and sentenced for the offence of murder in the year 2005.  The matter is coming up today for the ruling of the court  on resentencing .

On the 6th July 2021 the Supreme Court gave directions in the case of Francis Karioko Muruatetu  and another Versus  Republic,  Katiba Institute and 5 others (amicus curiae)(2021)eKLR wherein the court gave guidelines to assist courts in re-sentencing hearings.

Guideline No. (v) of the same provides as follows:

“In re-sentencing hearings the court must record the prosecution’s and the appellants submissions under section 329 of the Criminal Procedure Code, as well as those of the victims before deciding on the suitable sentence.”

Upon perusing the court file I have noted that there is no report from the victim’s family.   It would be prejudicial to the victim’s family to proceed with re-sentencing before hearing them.

In the circumstances, I order that the Probation Officer Nyeri do provide a submissions report from the victim’s family.

DELIVERED, DATED AND SIGNED IN OPEN COURT AT NYERI THIS 17TH DAY OF MARCH 2022.

J.  N.  NJAGI

JUDGE