Wanyoike v Republic [2022] KEHC 10423 (KLR)

Wanyoike v Republic (Miscellaneous Criminal Application E124 of 2021) [2022] KEHC 10423 (KLR) (Crim) (4 May 2022) (Ruling)

Neutral citation: [2022] KEHC 10423 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Criminal

Miscellaneous Criminal Application E124 of 2021

LN Mutende, J

May 4, 2022

Between

Pauline Nyawira Wanyoike

Applicant

and

Republic

Respondent

Ruling

1. Pauline Nyawira Wanyoike, the applicant through an undated application seeks review of the sentence by the trial court.

2. Having been found guilty of two counts of robbery with violence the trial court sentenced the applicant to suffer death on the 1st count; while the sentence on the 2nd count was left in abeyance.

3. Following the decision of Muruatetu v R[2017] eKLR, the applicant petitioned the court and was resentenced to serve ten (10) years imprisonment on each count; and it is now urged that the sentences be ordered to run concurrently.

4. Following directions given in Francis Karioko Muruatetu & another v Republic (2021) eKLR the Supreme Court reviewed the Muruatetu [2017] eKLR case and clarified that the principle that was set declaring the mandatory death sentence unconstitutional was only applicable to murder cases.

5. In the premises I have no jurisdiction to grant orders sought, therefore, the application fails and is dismissed.

6. It is so ordered.

DATED, SIGNED AND DELIVERED VIRTUALLYAT NAIROBI THIS 4TH DAY OF MAY, 2022. L. N. MUTENDEJUDGEIN THE PRESENCE OF:Ms. Chege for ODPPApplicant presentCourt Assistant – Mutai