The Applicant was convicted and sentence to suffer death in Migori CMC CRCC. NO 196 of 2016. In Criminal Appeal No. 7 of 2012 the matter was remitted back to the trial court to resentencing in consideration of the holding of the Supreme court decision in Francis Karioko Muruatetu.
In resentencing proceedings has mutigation was considered and hence sentenced to serve 20 years imprisonment.
His appeal against the said sentence in CRA NO. 28 OF 2019 the Judge dismissed the appeal on 7.11.2019 for lacking merit as sentence commensurate with charge. The Applicants Petition No. 15 of 2018 and E018 of 2021 in respect to his sentence were also dismissed. This is the 5th time the applicant is approaching this court in relation to his sentence. He should be made aware that the supreme court has now held that the holding in Muruatetu I was in respect to murder cases only and that he was lucking to have had his sentence remanded from death sentence to 20 years.
This court finds the multiple causes filed by the applicant to be an abuse of the court process and a waste of judicial time. The Application registered on 31.7.2024 is dismissed.
Delivered dated and signed at Migori this 15th day of October, 2024.
In resentencing proceedings has mutigation was considered and hence sentenced to serve 20 years imprisonment.
His appeal against the said sentence in CRA NO. 28 OF 2019 the Judge dismissed the appeal on 7.11.2019 for lacking merit as sentence commensurate with charge. The Applicants Petition No. 15 of 2018 and E018 of 2021 in respect to his sentence were also dismissed. This is the 5th time the applicant is approaching this court in relation to his sentence. He should be made aware that the supreme court has now held that the holding in Muruatetu I was in respect to murder cases only and that he was lucking to have had his sentence remanded from death sentence to 20 years.
This court finds the multiple causes filed by the applicant to be an abuse of the court process and a waste of judicial time. The Application registered on 31.7.2024 is dismissed.
Delivered dated and signed at Migori this 15th day of October, 2024.