Yokongwa v Republic [2022] KEHC 13698 (KLR)

Yokongwa v Republic (Petition E073 of 2021) [2022] KEHC 13698 (KLR) (13 October 2022) (Ruling)

Neutral citation: [2022] KEHC 13698 (KLR)

Republic of Kenya

In the High Court at Meru

Petition E073 of 2021

TW Cherere, J

October 13, 2022

Between

Joseph Lomonyi Yokongwa

Petitioner

and

Republic

Respondent

Ruling

1. By a judgment in Meru in Criminal Case No 6 of 2012 delivered on November 17, 2016, petitioner was sentenced to death for the offence of murder.

2. He appealed to the Court of Appeal vide Criminal Appeal 101 of 201 and the sentence was reduced to thirty (30) years from November 30, 2015 when the appellant was convicted and sentenced.

3. It is apparent from the foregoing that petitioner is not serving a mandatory death 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 petition is unmerited and it is dismissed

DELIVERED AT MERU THIS 13TH DAY OF OCTOBER, 2022. WAMAE. T. W. CHEREREJUDGEAppearancesCourt Assistant - KinotiPetitioner - Present in personFor the State - Ms. Mwaniki (PPC)