[2019] KEHC 11881 (KLR)
The court found that the petitioners had already served seventeen years in custody for the offence of robbery with violence. The prosecution conceded that this period was sufficient deterrence, and the petitioners agreed with this position. The court, therefore, exercised its discretion to consider the time served...
Source-derived case information.
- Citation
- [2019] KEHC 11881 (KLR)
- Parties
- Applicant: Ali Omar Abdulrahman; Applicant: Said Ngoto Machila; Respondent: Director of Public Prosecution
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Petition 56 of 2018
- Procedural Posture
- Constitutional Petition / Judgment
- Outcome
- 2nd petitioner released from prison; 1st petitioner's matter set for mention for further directions.
- Judges
- DO Ogembo
- Legal Topics
- Sentencing Review, Detention Periods, Release Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Ali Omar Abdulrahman
Applicant
Said Ngoto Machila
Applicant
Director of Public Prosecution
Respondent
Procedural Posture
Constitutional Petition / Judgment
Legal Issues
- 1 Whether the period already served by the petitioners in custody is sufficient deterrence for the offence committed.
- 2 Whether the 2nd petitioner should be released from prison based on time already served.
Ratio Decidendi
The court found that the petitioners had already served seventeen years in custody for the offence of robbery with violence. The prosecution conceded that this period was sufficient deterrence, and the petitioners agreed with this position. The court, therefore, exercised its discretion to consider the time served as adequate punishment and ordered the release of the 2nd petitioner. The 1st petitioner's matter was deferred for further directions due to the existence of more than one case or petition involving him.
Court Disposition
2nd petitioner released from prison; 1st petitioner's matter set for mention for further directions.
Orders
- The 2nd Petitioner Said Ngoto Machila is hereby sentenced to seventeen (17) years already served with the result that he is hereby released from prison forthwith.
- The 1st Petitioner's matter will be mentioned on 28/11/19 for further directions.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MOMBASA
CONSTITUTIONAL AND HUMAN RIGHTS DIVISION
PETITION NO. 56 OF 2018
1. ALI OMAR ABDULRAHMAN
2. SAID NGOTO MACHILA............................................PETITIONERS
VERSUS
DIRECTOR OF PUBLIC PROSECUTION.....................RESPONDENT
JUDGMENT
04/11/2019
Mr. Fedha:
My submissions are dated 27. 8.19. I rely on them. The Petitioners broke into complainant’s home at night armed with panga and axe. They threatened complainant and robbed him 10,000/= cash. Nobody was injured. They have been in custody for 17 years. I submit that that is enough deterrence for them. They can be released.
E. K. OGOLA
JUDGE
1st Petitioner:
I agree with prosecution.
E. K. OGOLA
JUDGE
2nd Petitioner:
I agree with submissions of the prosecution.
E. K. OGOLA
JUDGE
Court:
I have considered the submissions of the prosecution. I accordingly agree with prosecution and I make the following orders:
(1) The 1st Petitioner appears to have more than one case or petition.
(2) This matter will be mentioned on 28/11/19 for further directions.
E.K. OGOLA
JUDGE
Further Orders:
The 2nd Petitioner Said Ngoto Machila is hereby sentenced to seventeen (17) years already served with the result that he is hereby released from prison forthwith.
E. K. OGOLA
JUDGE
04/11/2019