Juma v Republic (Miscellaneous Criminal Application E054 of 2024) [2025] KEHC 18638 (KLR) (17 December 2025) (Ruling)

Juma v Republic (Miscellaneous Criminal Application E054 of 2024) [2025] KEHC 18638 (KLR) (17 December 2025) (Ruling)

The mandatory life sentence under section 296(2) of the Penal Code is unconstitutional as it deprives the convict of the right to mitigation, violates equality before the law and dignity, and is inconsistent with evolving jurisprudence and sentencing guidelines. A determinate sentence is appropriate considering the time served, mitigation, and the gravity of the offence.

Citation
[2025] KEHC 18638 (KLR)
Parties
Applicant: Collins Ochieng’ Juma; Respondent: Republic
Court
High Court
Jurisdiction
Kenya
Judgment Date
17 December 2025
Case Number
Miscellaneous Criminal Application E054 of 2024
Procedural Posture
Miscellaneous Criminal Application / Ruling on Constitutional Application for Resentencing
Outcome
Application for resentencing allowed; death sentence set aside and substituted with a determinate sentence.
Legal Topics
Robbery With Violence, Mandatory Sentencing, Resentencing, Right to Fair Trial, Equality Before the Law, Inhuman Treatment
Source Language
English
Criminal Law Constitutional Law Robbery With Violence Mandatory Sentencing Resentencing Right to Fair Trial Equality Before the Law Inhuman Treatment

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Parties

Collins Ochieng’ Juma

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Constitutional Application for Resentencing

Legal Issues

  1. 1 Whether the mandatory life sentence under section 296(2) of the Penal Code is unconstitutional
  2. 2 Whether the applicant is entitled to resentencing in light of recent jurisprudence

Ratio Decidendi

The mandatory life sentence under section 296(2) of the Penal Code is unconstitutional as it deprives the convict of the right to mitigation, violates equality before the law and dignity, and is inconsistent with evolving jurisprudence and sentencing guidelines. A determinate sentence is appropriate considering the time served, mitigation, and the gravity of the offence.

Court Disposition

Application for resentencing allowed; death sentence set aside and substituted with a determinate sentence.

Orders

  • Death sentence set aside and substituted with thirty (30) years’ imprisonment.
  • Sentence to run from 26th July 2001, the date of Applicant’s arrest, pursuant to section 333(2) of the Criminal Procedure Code.