[2020] KEHC 7660 (KLR)

[2020] KEHC 7660 (KLR)

The court found that, following the Supreme Court's decision in Muruatetu, the mandatory death sentence imposed on the petitioner was unconstitutional. The court further noted that the petitioner's co-accused in Petition No. 16 of 2018 had already been resentenced to 30 years' imprisonment for the same offence. In...

Source-derived case information.

Citation
[2020] KEHC 7660 (KLR)
Parties
Petitioner: Dalmas Magwa; Respondent: Republic
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Petition 54 of 2019
Procedural Posture
Constitutional Petition / Judgment
Outcome
Petition allowed. Petitioner resentenced to 30 years' imprisonment from 3rd September 2004.
Judges
TW Cherere
Legal Topics
Resentencing, Robbery With Violence, Death Sentence Commutation
Source Language
en
Criminal Law Resentencing Robbery With Violence Death Sentence Commutation

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Summary, issues, holding and outcome

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Parties

Dalmas Magwa

Petitioner

Republic

Respondent

Procedural Posture

Constitutional Petition / Judgment

Legal Issues

  1. 1 Whether the petitioner is entitled to resentencing following the commutation of the death sentence to life imprisonment.
  2. 2 Whether the petitioner should benefit from the resentencing precedent set in Petition No. 16 of 2018.

Ratio Decidendi

The court found that, following the Supreme Court's decision in Muruatetu, the mandatory death sentence imposed on the petitioner was unconstitutional. The court further noted that the petitioner's co-accused in Petition No. 16 of 2018 had already been resentenced to 30 years' imprisonment for the same offence. In the interest of parity and fairness, and in the absence of distinguishing factors, the petitioner was entitled to a similar sentence. The court therefore resentenced the petitioner to 30 years' imprisonment, effective from the date of his original conviction and sentence on 3rd September 2004.

Court Disposition

Petition allowed. Petitioner resentenced to 30 years' imprisonment from 3rd September 2004.

Orders

  • The petitioner is resentenced to serve 30 years' imprisonment from 3rd September 2004.