Obare v Republic [2023] KEHC 26645 (KLR)

Obare v Republic (Criminal Petition E010 of 2023) [2023] KEHC 26645 (KLR) (13 December 2023) (Ruling)

Neutral citation: [2023] KEHC 26645 (KLR)

Republic of Kenya

In the High Court at Kericho

Criminal Petition E010 of 2023

JK Sergon, J

December 13, 2023

Between

Everline Moraa Obare

Petitioner

and

Republic

Respondent

Ruling

1. The Petitioner herein Namely: Everline Moraa Obare, filed the instant Petition whereof she sought to have her sentence reduced. In other wards her application is for re-sentencing.

2. The history behind the instant Petition is that the Petitioner was tried on the information of Murder Contrary to section 203 as read with section 204 of the Penal Code.

3. The particulars of the charge are that on 27th September, 2017 at Kerenga Engineering Staff Quarters in Belgut Sub-County within Kericho County, the Petitioner Murdered Bravin Obare Nyamweya. In the end, she was convicted for Murder and subsequently on 9/7/2021, she was sentenced to serve 20 years imprisonment.

4. In the instant Petition, the Petitioner did cite the relevant Provision of Law in which her application is anchored. She also did not cite any precedent. This Court can only presume that her Application is brought under Section 333(2) of the Criminal Procedure Codeand that she meant to rely on the Supreme Court Decision of Francis Karioko Muruatetu and Another -vs- Republic.

5. A careful perusal of the Petitioner’s Written Submissions will reveal that she is basically making submissions in mitigation. She stated that she is remorseful post-conviction and sentence. She also stated that she did not have records on her past Criminal Conduct. The Petitioner beseeched this Court to pronounce a lesser sentence to give her a second chance in life.

6. She stated that she has undergone various programs on rehabilitation while she is in Prison. The Petitioner urged this Court to consider her Application favourably so that she can go home and take care of her remaining child who is currently under the care of her aging parents.

7. I have perused the Court record and the material placed before me and it is apparent that on 9th July, 2021, this Court sentenced the Petitioner to serve 20 years imprisonment. It is also apparent that the period the Petitioner served in Custody of 4 years was taken into account before pronouncing the sentence. The Application under section 333(2) of the Criminal Procedure Codecannot stand.

8. The record also shows that the Petitioner did not deem it fit to Appeal against the Order sentencing her to 20 years imprisonment. The Court took into account all mitigating factor including the pre-sentence Probation Report.

9. In view of the aforegoing, I find that this court lacks Jurisdiction to entertain the instant Application. If well advised, the Petitioner’s remedy lies before another forum other than this Court.

10. The instant Application by way of Petition is hereby dismissed with no Order as to costs.

DATED, SIGNED AND DELIVERED AT KERICHO THIS 13TH DAY OF DECEMBER, 2023. J.K. SERGONJUDGEIn the presence of:Prosecutor – Mr. MusyokiPetitioner – Present in Person