REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NYERI HIGH COURT MISCELLANEOUS CRIMINAL APPLICATION NO. E033 OF 2021 LIADAH KARIUKI NDEGWA ...............................................................................PLAIN TIFF VERSUS REPUBLIC ....................................................................................... .............RESPONDENT RULING By way of a chamber summons application dated 26th July, 2021 based on the Muruatetu rules as found in the case of Francis Muruatetu & Another vs. Republic Petition No. 16 of 2015. The application seeks re-sentencing. The applicant concedes in his application that he was convicted and sentenced to death on 31st October, 2007 at Nyeri High Court in Criminal Case No. 39 of 2003 for the offence of murder contrary to section 203 as read with section 204 of the penal code. Not satisfied with the conviction and sentence he lodged an appeal No. 232 of 2007 in the Nyeri Court of Appeal. This appeal was dismissed on the 25th day of June, 2010. He has therefore exhausted all avenues of appeal. He now seeks a lenient sentence on the grounds that mandatory sentence were declared unconstitutional by the Supreme Court. The Supreme Court did revisit the Muruatetu Petition No. 15 and 16 of 2015 and issued directions in the following manner; Direction No. 18 ‘Having considered all the foregoing, to obviate further delay and avoid confusion, we now issue these guidelines to assist the courts below as follows; i. The decision of Muruatetu and these guidelines apply only in respect of sentences of murder under section 203 and 204 of the penal code. ii. The Judiciary sentencing policy guidelines to be revised in tandem with the new jurisprudence conceited in Muruatetu. MISC. CRIMINAL APPLICATION NO. E033 OF 2021 1
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iii. All offenders enunciated who have been subject to the mandatory death penalty and desire to be heard on sentence will be entitled to re-sentencing hearing. iv. Where an appeal is pending before the Court of Appeal, the High Court will entertain an application for re-sentencing upon being satisfied that the appeal has been withdrawn. In view of the above guidelines, this court lacks jurisdiction to entertain the prayers sought as the case had been already been determined by the Court of Appeal. The application lacks merit and it is dismissed. DATED, SIGNED and DELIVERED in open court this 28th day of January, 2026. _____________________________ MARTIN M. MUYA JUDGE In the Presence of: Applicant - Present Isacko - Court Assistant MISC. CRIMINAL APPLICATION NO. E033 OF 2021 2
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