[2023] KEHC 25469 (KLR)
The High Court found that the mandatory life sentence imposed on the applicant was unconstitutional, following the Court of Appeal's decision in Julius Kitsao Manyeso v Republic and the Machakos High Court Petition No. E017 of 2021. The court held that such sentences violate the principles of equality and dignity as...
Source-derived case information.
- Citation
- [2023] KEHC 25469 (KLR)
- Parties
- Applicant: Samwel Abwova Ambenge; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E191 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application for revision allowed. Life sentence set aside and substituted with 25 years imprisonment from date of conviction.
- Judges
- A. Ong’injo
- Legal Topics
- Mandatory Sentencing, Life Imprisonment, Constitutional Rights, Sentencing Reform
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samwel Abwova Ambenge
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the mandatory life sentence imposed on the applicant is unconstitutional in light of recent judicial pronouncements.
- 2 Whether the applicant is entitled to a revision of sentence based on the cited authorities.
Ratio Decidendi
The High Court found that the mandatory life sentence imposed on the applicant was unconstitutional, following the Court of Appeal's decision in Julius Kitsao Manyeso v Republic and the Machakos High Court Petition No. E017 of 2021. The court held that such sentences violate the principles of equality and dignity as enshrined in Articles 27 and 28 of the Constitution. Consequently, the court exercised its revisionary jurisdiction to set aside the life sentence and substitute it with a determinate sentence of 25 years imprisonment from the date of conviction, ensuring compliance with constitutional standards and recent jurisprudence.
Court Disposition
Application for revision allowed. Life sentence set aside and substituted with 25 years imprisonment from date of conviction.
Orders
- The life imprisonment sentence imposed on the applicant is set aside.
- The applicant is sentenced to 25 years imprisonment from the date of conviction.
Full Case Text
Judgment text and source record
17 paragraphs
Ambenge v Republic (Criminal Revision E191 of 2022) [2023] KEHC 25469 (KLR) (14 November 2023) (Ruling)
Neutral citation: [2023] KEHC 25469 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Revision E191 of 2022
A. Ong’injo, J
November 14, 2023
Between
Samwel Abwova Ambenge
Applicant
and
Republic
Respondent
Ruling
1. The applicant Samwel Abwova Ambenge seeks that the life sentence passed against him be revised on account of the holding in Machakos High Court Petition No. E017 of 2021.
2. Following the holding in Julius Kitsao Manyeso v Republic, the Court of Appeal in Malindi Criminal Appeal No 12 of 2021 that declared the imposition of a mandatory life sentence as unconstitutional, an unjustifiable discrimination, unfair and repugnant to the principle of equality before the law under article 27 of the Constitution and it is also inhuman treatment and violates the right to dignity under article 28. This court therefore sets aside the life imprisonment and substitutes it with 25 years imprisonment from the date of conviction
DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS THIS 14TH DAY OF NOVEMBER 2023HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Ogwel- Court AssistantMr. Ngiri for RespondentApplicant present in personHON. LADY JUSTICE A. ONG’INJOJUDGE