Irene Chebet v Republic [2020] eKLR Case Summary

Court
High Court of Kenya at Kitale
Category
Criminal
Judge(s)
H. K. Chemitei
Judgment Date
October 01, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3

Case Brief: Irene Chebet v Republic [2020] eKLR


1. Case Information:
- Name of the Case: Irene Chebet Alias Alice v. Republic
- Case Number: Miscellaneous Criminal Application No. 186 of 2018
- Court: High Court of Kenya at Kitale
- Date Delivered: 1st October 2020
- Category of Law: Criminal
- Judge(s): H. K. Chemitei
- Country: Kenya

2. Questions Presented:
The central legal issue presented before the court was whether the applicant, Irene Chebet, should have her death sentence reconsidered in light of the Supreme Court’s decision in the case of Muruatetu & Another v. Republic, which emphasized that the death penalty is not the only appropriate punishment for capital offenses.

3. Facts of the Case:
Irene Chebet, the applicant, was sentenced to death by the High Court on 14th December 2005. Her appeal to the Court of Appeal was rejected on 23rd May 2014, resulting in her continued custody for approximately 17 years. During her time in prison, she has left behind two children who are now in their late teens. The applicant has also engaged in rehabilitation programs, including religious training and vocational training in tailoring, as evidenced by testimonials from prison authorities.

4. Procedural History:
The applicant filed an application on 7th December 2018, seeking reconsideration of her death sentence based on the precedent set in the Muruatetu case. The state counsel did not oppose this application but instead left the decision to the court's discretion. The court reviewed the application, considering the applicant's time served and her rehabilitation efforts while incarcerated.

5. Analysis:
- Rules: The court considered the ruling in Muruatetu & Another v. Republic, which established that mandatory death sentences are unconstitutional and that courts must consider alternatives to the death penalty in sentencing for capital offenses.
- Case Law: The Muruatetu case was pivotal as it provided a framework for assessing the appropriateness of the death sentence and allowed individuals previously sentenced to seek reconsideration of their sentences. This case emphasized the need for judicial discretion in sentencing.
- Application: The court applied the principles from the Muruatetu decision to the facts of Irene Chebet’s case. The judge noted that the applicant had served a significant amount of time in prison and had demonstrated personal growth and rehabilitation. The court found that it was appropriate to grant her a second chance, allowing her to reintegrate into society while serving a probation period.

6. Conclusion:
The High Court of Kenya ruled in favor of the applicant, setting her free from custody, unless lawfully held for other reasons. The court emphasized the importance of rehabilitation and the potential for the applicant to contribute positively to society. This decision reflects a shift towards a more rehabilitative approach in the justice system, particularly regarding capital offenses.

7. Dissent:
There were no dissenting opinions noted in this case, as the ruling was delivered by a single judge, H. K. Chemitei, and the state counsel did not oppose the application.

8. Summary:
The case of Irene Chebet Alias Alice v. Republic illustrates a significant development in Kenyan criminal law regarding the death penalty. By allowing the applicant to be released after 17 years of incarceration and emphasizing rehabilitation, the court reinforced the notion that the death penalty is not an absolute requirement and that alternatives should be considered. This decision may have broader implications for similar cases and the treatment of individuals sentenced to death in Kenya.

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