Sampton v Republic [2023] KEHC 25489 (KLR)

Sampton v Republic (Criminal Petition 78 of 2019) [2023] KEHC 25489 (KLR) (17 November 2023) (Judgment)

Neutral citation: [2023] KEHC 25489 (KLR)

Republic of Kenya

In the High Court at Bungoma

Criminal Petition 78 of 2019

DK Kemei, J

November 17, 2023

Between

Bonface Ngeywo Sampton

Petitioner

and

Republic

Respondent

Judgment

1. The Petitioner herein Boniface Ngeywo Sampton filed an application on 1. 8.19 seeking a re-sentencing in respect of Sirisia Principal Magistrate’s Court Criminal Case No. 130 of 2008. His gravamen is that he was convicted and sentenced to serve thirty (30) years’ imprisonment by the trial court and that his appeal to the High Court vide Bungoma HCRA No. 11 of 2010 was dismissed and that the sentence was enhanced to life imprisonment. He averred that his appeal to the Court of Appeal vide Criminal Appeal No. 696 of 2010 was dismissed. He now seeks this court to review the sentence on the grounds that he has since reformed while in prison. The Applicant relied on his written submissions filed on 27. 10. 2023.

2. Miss Mwaniki for the Respondent opposed the application. She submitted that this court is now functus officio and has no jurisdiction to entertain the matter.

3. I have given due consideration to the application and the submission presented. It is not in dispute that the spirited craze by litigants to file for re -sentencing stemming from the decision of the Supreme Court in Francis Karioko Muruatetu & Another -vs- Republic ( 2017) eKLR , which declared the imposition of the mandatory death sentences to be unconstitutional . Pursuant to the sale decision, several litigants filed applications for resentencing before several courts. However, the Supreme Court being alarmed by the floodgate of those cases in several courts issued guidelines and directions dated 6. 7.2021 wherein it held that the decisional law in Muruatetu case (Supra) was not an authority to declare all mandatory and minimum sentences unconstitutional and further went a head to point out that its application was limited to murder cases falling within its scope.It is noted that the petitioner herein had been convicted and sentenced for an offence of defilement under the Sexual Offences Act which is completely out of the scope contemplated under the Supreme Courts Guidelines dated 6. 7.2021. That being the position, I am inclined to agree with the submissions by counsel for the Respondent that the request by the Petitioner for resentencing on the basis of Muruatetu Case (Supra) is without merit.In any case, the authorities relied upon by the Petitioner had been decided upon prior to the guidelines by the Supreme Court. The said Guidelines cleared any issues in controversy as regards the scope of the application of the decisional law in Muruatetu Case.

4. In the result, it is my finding that the petition is devoid of merit. The same is dismissed.

DATED AND DELIVERED AT BUNGOMA THIS 17th DAY OF NOVEMBER, 2023D KEMEIJUDGEIn the presence of:-Bonface Ngeywo PetitionerMiss Mwaniki for Respondent