Shinai v Republic [2025] KEHC 5565 (KLR)

Shinai v Republic (Criminal Revision E002 of 2025) [2025] KEHC 5565 (KLR) (17 March 2025) (Ruling)

Neutral citation: [2025] KEHC 5565 (KLR)

Republic of Kenya

In the High Court at Kajiado

Criminal Revision E002 of 2025

CW Meoli, J

March 17, 2025

Between

Joseph Shinai

Applicant

and

Republic

Respondent

(From Original Conviction and Sentence in Criminal Case No 1376 of 2007 of the Chief Magistrate's Court at Kajiado)

Ruling

1. I have read the applicant’s notice of motion as supported by the affidavit dated 6/01/2024. From the said material, it can be discerned that the applicant is seeking resentencing or review of his sentence. He was convicted before the Chief Magistrate’s Court at Kajiado in Criminal Case No: 1376 of 2007 for the offence of Robbery with violence contrary to Section 296 (2) of the Penal Code. And subsequently sentenced him to death. Later however, the sentence was commuted to life imprisonment.

2. He cites in support of his present application for resentencing the groundbreaking decision in Francis Karioko Muruateti and Another v R (2012) eKLR by the Supreme Court. However, pursuant to directions of the said court in Muruatetu & Another v. R. and Others (2021) KESC 3, (KLR) (Muruatetu II) the initial decision applied to murder cases alone. This position has been further clarified and reiterated by the Supreme Court in R v. Mwangi & Others (2024) KESC 34(KLR)

3. This court is bound by the decisions of the Supreme Court and would not deign to entertain the matter of resentencing for the offence of robbery with violence. The court has no jurisdiction to do so.This file to be closed.

DATED THIS 17TH DAY OF MARCH 2025. C. MEOLIJUDGE