[2020] KEHC 4876 (KLR)
The court found that, following the Supreme Court's declaration that the mandatory death sentence is unconstitutional, the applicant was entitled to be re-sentenced. The court considered the gravity of the offence, the applicant's conduct and rehabilitation while in custody, and the lack of objection from the...
Source-derived case information.
- Citation
- [2020] KEHC 4876 (KLR)
- Parties
- Applicant: Charles Ondieki Nyamari; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Constitutional Petition 12 of 2019
- Procedural Posture
- Constitutional Petition / Re Sentencing Ruling
- Outcome
- Death sentence set aside; applicant re-sentenced to 20 years imprisonment from date of original sentence.
- Legal Topics
- Robbery With Violence, Death Penalty, Re Sentencing, Constitutional Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Ondieki Nyamari
Applicant
Republic
Respondent
Procedural Posture
Constitutional Petition / Re Sentencing Ruling
Legal Issues
- 1 Whether the applicant is entitled to re-sentencing following the Supreme Court decision declaring the mandatory death sentence unconstitutional.
- 2 What is the appropriate sentence for the applicant given the circumstances of the offence and mitigation?
Ratio Decidendi
The court found that, following the Supreme Court's declaration that the mandatory death sentence is unconstitutional, the applicant was entitled to be re-sentenced. The court considered the gravity of the offence, the applicant's conduct and rehabilitation while in custody, and the lack of objection from the prosecution. Balancing these factors, the court set aside the death sentence and imposed a determinate sentence of 20 years imprisonment from the date of the original sentence, with the sentence to run concurrently.
Court Disposition
Death sentence set aside; applicant re-sentenced to 20 years imprisonment from date of original sentence.
Orders
- The death sentence imposed on Charles Ondieki Nyamari is set aside.
- The applicant is re-sentenced to 20 years imprisonment from the date of sentence in the lower court.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KISII
CONST. PETITION NO.12 OF 2019
CHARLES ONDIEKI NYAMARI...........................................................APPLICANT
VERSUS
REPUBLIC...........................................................................................RESPONDENT
RULING- RE-SENTENCING
The applicant seeks re-sentencing following the Supreme Court that declared the death sentence unconstitutional.
I have considered the applicant’s application. He was found guilty of robbery with violence and condemned to death. The facts are clear in the judgment the applicant and others not before court went on a spree of attacking and robbing the complainants and other persons they met.
I have considered that the prosecution have no objection to the applicant being reinstated this has made a positive mitigation and demonstrated the skill he has acquired whilst serving sentence.
Considering all the above and the gravity of the offence committed I set aside the death sentence and re-sentence the applicant Charles Ondieki Nyamari to 20 years from the date he was sentenced in the lower court. He has a right of appeal within 14 days. Sentence to run concurrently.
Dated, signed and delivered at Kisii this 11thday of March 2020.
R.E. OUGO
JUDGE
In the presence of;
Applicant Charles Ondieki Nyamari
Mr. Otieno Senior Prosecution Counsel office of the DPP
Ms. Rael Court Clerk