Augustine Mwendwa Pascal v Republic [2020] eKLR Case Summary

Court
High Court of Kenya at Machakos
Category
Criminal
Judge(s)
D. K. Kemei
Judgment Date
October 28, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3

Case Brief: Augustine Mwendwa Pascal v Republic [2020] eKLR


1. Case Information:
- Name of the Case: Augustine Mwendwa Pascal v. Republic
- Case Number: Miscellaneous Criminal Application No. 189 of 2019
- Court: High Court of Kenya at Machakos
- Date Delivered: 28th October 2020
- Category of Law: Criminal
- Judge(s): D. K. Kemei
- Country: Kenya

2. Questions Presented:
The central legal issues presented before the court included whether the Applicant could seek a review of his life imprisonment sentence following a Supreme Court decision that declared mandatory sentences unconstitutional, and whether the court had jurisdiction to entertain the application for resentencing after a previous appeal had been dismissed.

3. Facts of the Case:
Augustine Mwendwa Pascal, the Applicant, was charged with defilement under section 8(1) and section 8(2) of the Sexual Offences Act. He pleaded not guilty, but after a full hearing, he was convicted and sentenced to life imprisonment. The Applicant appealed the conviction and sentence to the High Court, which upheld both on 14th February 2017. After the dismissal of his appeal, the Applicant did not seek further recourse to the Court of Appeal but instead filed a new application in the High Court for resentencing, citing the Supreme Court ruling in Francis Karioki Muruatetu & Another v Republic & 5 Others [2017] eKLR, which found mandatory death sentences unconstitutional.

4. Procedural History:
The case began with the Applicant's conviction and life sentence for defilement. Following his unsuccessful appeal to the High Court in 2017, the Applicant filed a new application in December 2019, seeking a review of his sentence based on the Muruatetu decision. The state argued that the High Court was functus officio regarding the matter and that the Applicant's request for resentencing should be directed to the Court of Appeal.

5. Analysis:
- Rules: The court considered the implications of the Supreme Court's ruling in Muruatetu, which allowed for the reconsideration of mandatory sentences. Additionally, section 333(2) of the Criminal Procedure Code was relevant, as it pertains to the consideration of time spent in custody before conviction.
- Case Law: The Muruatetu case is pivotal as it established that mandatory sentences could be reviewed and that courts have the authority to impose alternative sentences. However, the court noted that the Applicant was not sentenced to death but to life imprisonment, which did not fall under the scope of Muruatetu.
- Application: The court reasoned that since the Applicant's appeal had already been determined, it lacked jurisdiction to entertain the resentencing application. The court emphasized that the proper avenue for the Applicant to seek redress was the Court of Appeal, not the High Court.

6. Conclusion:
The High Court dismissed the Applicant's application for resentencing, ruling that it lacked merit and reaffirming that the court was functus officio regarding the matter. This decision underscores the importance of the appellate process and the limitations of the High Court's jurisdiction after a final determination of an appeal.

7. Dissent:
There were no dissenting opinions noted in this ruling, as the decision was delivered by a single judge, D. K. Kemei.

8. Summary:
The High Court of Kenya ruled against Augustine Mwendwa Pascal's application for resentencing, reinforcing the principle that once an appeal has been decided, the High Court cannot revisit the matter. The ruling highlights the procedural boundaries within the Kenyan judicial system and the necessity for defendants to pursue appeals through the appropriate higher courts. The case illustrates the continuing effects of the Muruatetu decision on sentencing practices in Kenya.

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