[2019] KEHC 6532 (KLR)
The court found that while the offence committed by the petitioner was grievous and the petitioner had not shown remorse, the 22 years already served demonstrated that he had learned his lesson. The court exercised its supervisory jurisdiction under the Constitution to review the sentence, determining that a total...
Source-derived case information.
- Citation
- [2019] KEHC 6532 (KLR)
- Parties
- Petitioner: Abdalla Hamisi Juma; Respondent: Director of Public Prosecution
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Petition 146 of 2018
- Procedural Posture
- Constitutional Petition / Judgment
- Outcome
- sentence reviewed and reduced
- Judges
- DO Ogembo
- Legal Topics
- Right to Fair Trial, Supervisory Jurisdiction, Sentencing Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abdalla Hamisi Juma
Petitioner
Director of Public Prosecution
Respondent
Procedural Posture
Constitutional Petition / Judgment
Legal Issues
- 1 Whether the petitioner's constitutional rights were violated during his conviction and sentencing.
- 2 Whether the sentence imposed was excessive or unconstitutional under the cited constitutional provisions.
Ratio Decidendi
The court found that while the offence committed by the petitioner was grievous and the petitioner had not shown remorse, the 22 years already served demonstrated that he had learned his lesson. The court exercised its supervisory jurisdiction under the Constitution to review the sentence, determining that a total sentence of 23 years, inclusive of time already served, was appropriate and proportionate. The decision balanced the seriousness of the offence with the principles of rehabilitation and proportionality enshrined in the Constitution.
Court Disposition
sentence reviewed and reduced
Orders
- The petitioner is sentenced to a total of 23 years imprisonment, inclusive of time already served.
- The petitioner should be released from prison any time in 2020.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CONSTITUTIONAL AND HUMAN RIGHTS DIVISION
PETITION NO. 146 OF 2018
IN THE MATTER OF: THE CONSTITUTION OF KENYA 2010(SUPERVISORY JURISDICTION
AND PROTECTION OF FUNDAMENTALRIGHTSAND FREEDOM OFAN INDIVIDUAL)
HIGH COURTPRACTICE AND PROCEDURE RULES 2013
AND
IN THE MATTER: OF: ARTICLE 22(1) OF THE CONSTITUTION
AND
IN THE MATTER OF: ARTICLE 23(1) OF THE CONSTITUTION
AND
IN THE MATTER OF: ARTICLES 19. 20. 21, 22, 23, 24, 25,
27, 28, 48, 50, 258 AND 259 OF THE CONSTITUTION
BETWEEN
ABDALLA HAMISI JUMA..................................................PETITIONER
VERSUS
DIRECTOR OF PUBLIC PROSECUTION........................RESPONDENT
JUDGMENT
I have carefully considered the submissions of the parties. Although the Petitioner has served 22 years the offence he committed was grievous. He was also not remorseful. However, this court is satisfied that he has learnt his lesson. I therefore jail him for a total of 23 years including the time he has spent in jail, meaning that he should leave prison any time in 2020.
The Petitioner has the right of appeal within 14 days.
Dated, Signed and Delivered in Mombasa this 20th day of June, 2019.
E. K. OGOLA
JUDGE
In the presence of:
Mr. Fedha for DPP
Petitioner in person
Mr. Kaunda Court Assistant