[2019] KEHC 104 (KLR)
The court found that the petitioner had already served 16 years in prison for the offence of robbery with violence, and that further detention would not serve the interests of justice or constitutional protections. The court exercised its supervisory jurisdiction under the Constitution to review the sentence, taking...
Source-derived case information.
- Citation
- [2019] KEHC 104 (KLR)
- Parties
- Petitioner: Amin Mohamed alias Rasia; Respondent: Director of Public Prosecution
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Petition 250 of 2018
- Procedural Posture
- Constitutional Petition / Judgment
- Outcome
- petition allowed
- Judges
- DO Ogembo
- Legal Topics
- Right to Fair Trial, Sentencing Principles, Supervisory Jurisdiction, Protection of Fundamental Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Amin Mohamed alias Rasia
Petitioner
Director of Public Prosecution
Respondent
Procedural Posture
Constitutional Petition / Judgment
Legal Issues
- 1 Whether the continued detention of the petitioner after serving 16 years for robbery with violence is unconstitutional.
- 2 Whether the sentence imposed should be reviewed in light of constitutional protections and time already served.
Ratio Decidendi
The court found that the petitioner had already served 16 years in prison for the offence of robbery with violence, and that further detention would not serve the interests of justice or constitutional protections. The court exercised its supervisory jurisdiction under the Constitution to review the sentence, taking into account the petitioner's remorse, rehabilitation, and the time already served. The court determined that the sentence should be deemed served and ordered the petitioner's immediate release unless otherwise lawfully held.
Court Disposition
petition allowed
Orders
- The petitioner is sentenced to 16 years in prison, which he has already served.
- The petitioner is forthwith released unless lawfully held for another cause.
Full Case Text
Judgment text and source record
36 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CONSTITUTIONAL AND HUMAN RIGHTS DIVISION
PETITION NO. 250 OF 2018
IN THE CONSTITUTION OF KENYA 2010 (SUPERVISORY JURISDICTION
AND PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF AN
INDIVIDUAL) HIGH COURT PRACTICE AND PROCEDURE RULES 2013
IN THE MATTER OF: ARTICLE 22(i) OF THE CONSTITUTION
AND
IN THE MATTER OF: ARTICLES 19, 20, 21, 22, 23, 24, 25, 27,
48, 50,258 & 259 OF THE CONSTITUTION OF KENYA
AND
BETWEEN
AMIN MOHAMED alias RASIA.........................................................PETITIONER
AND
DIRECTOR OF PUBLIC PROSECUTION....................................RESPONDENT
JUDGMENT
17/12/2019
Before Hon. Justice E. Ogola
Court Assistant Kaunda
Ms. Mutua for DPP
Petitioner in person
Ms. Mutua:
Petitioner was charged with robbery with violence in Criminal Case No. 1229 of 2003. He was sentenced to death which was reduced to life. He robbed complainant of motor vehicle KAN 098D, cash 3M Tanzania Shillings and a phone while armed with a pistol. Nobody was harmed. The Petitioner has since served 16 years in prison. We pray that he be sentenced to 20 years including time served.
HON. E. K. OGOLA
JUDGE
Petitioner:
I accep0ted my punishment. I pray that I be forgiven. In prison I work with Mewa to help people stop drug abuse. I am fifty two (52) years old. I have parents. I am married with children.
HON. E. K. OGOLA
JUDGE
Court:
The Petitioner is sentenced to serve 16 years in prison, which he has already served. He is therefore forthwith released unless lawfully held.
HON. E. K. OGOLA
JUDGE
15/2/2019