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…Court. 2.…

…On the Validity of the Supreme Court Application 6.…

…The Defendants further state pursuant to an application for clarification filed before the Supreme Court, on 26th May 2023, the Supreme Court delivered its ruling in which it made a number of clarifications.…

…Importantly, that the Plaintiffs in these proceedings were enjoined in the application for clarification before the Supreme Court by Bia Tosha and in the clarification ruling, the Supreme Court expressly held that this Court…

…The Advocates Remuneration Order does not have a scale for matters before the Supreme Court.…

…In that regard, I do not see the error on principle in applying the Supreme Court Rules.…

…The Supreme Court, after reviewing the record from the trial Court to the Appellate Court on the question of whether the life imprisonment is lawful and constitutionally valid, the Supreme Court held that: “39.…

…Further, the Supreme Court did not outlaw the death sentence.…

…Any correction of an alleged error by the Court of Appeal must be sought at the Supreme Court, and only where the constitutional threshold under Article 163(4)(a) or (b) is met. 9.…

…The Supreme Court held, in terms directly dispositive of the present Petition, that: a.…

…Moreover, the Supreme Court in paragraph 111 referred to similar mandatory death sentences.…

…No. 16 of 2015 where the Supreme Court held that the mandatory death sentence prescribed for the offence of murder by section 204 of the Penal Code was unconstitutional.…

…E174 OF 2025 on grounds that she did not have the jurisdiction to interfere in the subject matter of a petition pending before the Supreme Court (SUPREME COURT PETITION NO. E009 OF 2024). 24.…

…E028 OF 2022; and were excluded in SUPREME COURT PETITION NO.…

…He then cited the Supreme Court decision in Petition No.…

…This was stated in the Supreme Court case of Francis Karioko Muruatetu and Another v Republic [2017] eKLR. 12.…

…Secondly and more importantly, the petition herein has been rendered moot or academic by the recent decision of the Supreme Court in Petition No.…

…The Supreme Court being superior to the High Court, and in compliance with the doctrine of stare decisis, I am bound by the above recent decisions of the Supreme Court. 13.…

…The Appellant being dissatisfied with the decision of the Court of Appeal moved to the Supreme Court. After hearing the parties, the Supreme Court allowed the Appeal. 5.…

…In its judgment overturning the decision of the Court of Appeal, the Supreme Court stated: 66.…

…The Appellant being dissatisfied with the decision of the Court of Appeal moved to the Supreme Court. After hearing the parties, the Supreme Court allowed the Appeal.…

…In its judgment overturning the decision of the Court of Appeal, the Supreme Court stated: 66.…

…The said cases were before the High Court, the Court of Appeal and the Supreme Court.…

…The Attorney General urged that the Supreme Court had considered and determined the constitutionality of the minimum sentences.…

…The Appellant cited the case of the Supreme Court of the United States of America in Gore vs United States, 357 U.S. 386, 78 S. Ct. 1280, 2 L.…

…In view of the above, from the Supreme Courts decision of the supreme court, the court of appeal declared life sentence unconstitutional without proper legal and judicial process being followed.…

…This was stated in the Supreme Court case of Francis Karioko Muruatetu and Another v Republic [2017] eKLR. 13.…

…The Supreme Court reiterated these directions when dealing with an Appeal emanating under the Sexual Offence Act.…

…Court.…

…The same ratio decidendi in the case of Dago v Republic (supra), also applies to this case as the decisions of the court of Appeal and the Supreme Court are binding on this court. 10.…

…The appellant being dissatisfied with the decision of the Court of Appeal moved to the Supreme Court on appeal. After hearing the parties, the Supreme Court allowed the appeal.…

…In its judgment overturning the decision of the Court of Appeal, the Supreme Court stated: 66.…

…Instead, the Supreme Court made a critical distinction that lies at the heart of this dispute.…

…The Supreme Court in its decision invoked its powers under Section 22 of the Supreme Court Act to remit the matter of possible contempt, mitigation, and sentencing back to the High Court. 38.…

…In the case of Republic –v- Joshua Gichuki Mwangi Supreme Court of Kenya Petition No. E018/2023 affirmed the legality of mandatory sentences under the Sexual Offences Act.…

…Artcle 163 (7) of the Constitution of Kenya 2010 codifies this doctrine by providing that all decisions of the Supreme Court are binding upon the other Courts below it. 23.…

…(See Supreme Court decision in Republic v Mwangi; Initiative for Strategic Litigation in Africa (ISLA) & 3 others (Amicus Curiae) [2024] KESC 34 (KLR) ).…

…The Court of Appeal in the case of Odago v Republic [2025] KECA 1018 (KLR) stated: “(36) On the constitutionality of the mandatory minimum sentence of life imprisonment imposed, the appellant, citing the Supreme Court decision…