Ruling in Francis Munjiri Busuru in Misc. CR. Application No. E012 of 2025 REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT BUSIA HIGH COURT MISC. CRIMINAL APPLICATION NO. E012 OF 2025 FRANCIS MUNJIRI BUSURU…………………..………..…..APPLICANT VERSUS REPUBLIC OF KENYA ………..………………….......…..RESPONDENT RULING 1. The Applicant has moved this Court by a sentence revision application dated 22nd January, 2025. 2. He concedes that he has exhausted his appellate opportunity both in the High Court and in the Court of Appeal whereby all his appeals have been dismissed for want of merit. 3. The Applicant was convicted and imprisoned for life and his sentence has been the subject of both appeals before the superior Courts. 4. His latest appeal before the Court of Appeal observed at paragraph 19 as follows in relation to the sentence: “We do not disagree. In this case the complainant was 7 years old. she was a step child. The circumstances also show that the Appellant may have attempted to escape Page 1 of 2
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Ruling in Francis Munjiri Busuru in Misc. CR. Application No. E012 of 2025 the consequences of his actions by arranging for his wife and the complainant to disappear so that they could not give evidence against him. The maximum sentence is called for her since the Appellant comes of an unremoseless person who could be a danger to society. We will therefore leave the sentence undisturbed” 5. The Applicant now urges this Court to reduce the sentence on the basis that life imprisonment is indefinite hence unconstitutional. This issue has been further clarified in the case of Julius Kitsao Manyerso and Republic vs Evans Nyamari Ayako the Supreme Court held that it is not in the province of the Court to assign a period to constitute life and that life imprisonment means the natural life of the convict. 6. So to that extent the dilemma shall be resolved by Parliament. 7. However, I find the Applicant to be without merit as there is no basis to renew the sentence under the circumstances. 8. The Application dated 22nd January, 2025 is dismissed. Signed, Dated and Delivered at Busia on this 30th Day of July, 2026. _________________________ MOHOCHI S. M. PRESIDING JUDGE Page 2 of 2
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