Kamunya v Republic [2022] KEHC 14631 (KLR)

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 27TH DAY OF OCTOBER 2022WAMAE T W CHEREREJUDGEAppearancesCourt Assistant - KinotiApplicant - Present in personFor Applicant - Mr. OmariFor the State - Ms. Mwaniki (PPC)