[2020] KEHC 1441 (KLR)
The court determined that the petitioner, having served 14 years in prison for robbery without causing injury to any person, should have his death sentence substituted with a term of imprisonment equal to the time already served. The court further considered the prevailing public health concerns due to Covid-19 and...
Source-derived case information.
- Citation
- [2020] KEHC 1441 (KLR)
- Parties
- Petitioner: Abdul Rahaman Bakari Alias Mawazo; Respondent: Director of Public Prosecution
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Petition 140 of 2018
- Procedural Posture
- Constitutional Petition / Judgment
- Outcome
- Petition allowed; death sentence substituted with 14 years imprisonment; petitioner released.
- Judges
- DO Ogembo
- Legal Topics
- Sentencing Review, Death Sentence Substitution, Time Served Release
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abdul Rahaman Bakari Alias Mawazo
Petitioner
Director of Public Prosecution
Respondent
Procedural Posture
Constitutional Petition / Judgment
Legal Issues
- 1 Whether the petitioner.s death sentence should be substituted with a term of imprisonment in light of time already served.
- 2 Whether the petitioner should be released given the period already spent in custody and the need to decongest prisons during Covid-19.
Ratio Decidendi
The court determined that the petitioner, having served 14 years in prison for robbery without causing injury to any person, should have his death sentence substituted with a term of imprisonment equal to the time already served. The court further considered the prevailing public health concerns due to Covid-19 and the need to decongest prisons as additional justification for the petitioner.s immediate release. The decision was based on the principles of proportionality in sentencing, the rehabilitative purpose of punishment, and the broader public interest in reducing prison populations during a pandemic.
Court Disposition
Petition allowed; death sentence substituted with 14 years imprisonment; petitioner released.
Orders
- The petitioner.s death sentence is hereby replaced with a jail term of 14 years.
- Since the petitioner has already served the said 14 years the petitioner is hereby freed and set free unless lawfully held.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MOMBASA
PETITION NO. 140 OF 2018
ABDUL RAHAMAN BAKARI Alias MAWAZO...............PETITIONER
AND
DIRECTOR OF PUBLIC PROSECUTION....................RESPONDENT
26/11/2020
Court:
I have considered submissions by all parties. The Petitioner did not injure anybody during robber. He has spent 14 years in jail. I have accepted submissions from the State that the Petitioner should be jailed for the time served. In addition, it is important to decongest prison during this time of Covid-19.
Therefore, the Judgment of the Court is this:
1. Petitioner’s death sentence is hereby replaced with a jail term of 14 years.
2. Since the Petitioner has already served the said 14 years the Petitioner is hereby freed and set free unless lawfully held.
Dated, Signed and Delivered at Mombasa this 26th day of November, 2020.
E. K. O. OGOLA
JUDGE
Judgment delivered via video link in the presence of:
Petitioner in person
Ms. Balongo for DPP
Ms. Peris Court Assistant