[2019] KEHC 2559 (KLR)
The court found that, following the Supreme Court decision in Muruatetu, the mandatory death sentence imposed on the applicant for robbery with violence is unconstitutional. The applicant is therefore entitled to a resentencing hearing. Since the prosecution did not oppose the application, the court set aside the...
Source-derived case information.
- Citation
- [2019] KEHC 2559 (KLR)
- Parties
- Applicant: Daud Ahmed Yussuf; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Garissa
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application 6 of 2019
- Procedural Posture
- Criminal Miscellaneous Application / Application for Resentencing Following Supreme Court Guidance
- Outcome
- Application for resentencing allowed; death sentence set aside; applicant to be resentenced by Chief Magistrate's Court.
- Judges
- CM Kariuki
- Legal Topics
- Robbery With Violence, Resentencing, Mandatory Sentences, Supreme Court Guidance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daud Ahmed Yussuf
Applicant
Republic
Respondent
Procedural Posture
Criminal Miscellaneous Application / Application for Resentencing Following Supreme Court Guidance
Legal Issues
- 1 Whether the applicant is entitled to resentencing following the Supreme Court decision in Muruatetu.
- 2 Whether the death sentence imposed should be set aside in light of the new jurisprudence.
Ratio Decidendi
The court found that, following the Supreme Court decision in Muruatetu, the mandatory death sentence imposed on the applicant for robbery with violence is unconstitutional. The applicant is therefore entitled to a resentencing hearing. Since the prosecution did not oppose the application, the court set aside the death sentence and directed that the applicant be presented before the Chief Magistrate's Court at Garissa for resentencing in the original criminal case.
Court Disposition
Application for resentencing allowed; death sentence set aside; applicant to be resentenced by Chief Magistrate's Court.
Orders
- The death sentence is set aside.
- The applicant shall be presented to Chief Magistrate Court at Garissa for resentencing in CMCRC No. 747/2005.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT GARISSA
CRIMINAL MISC. APPLICATION NO. 6 OF 2019
DAUD AHMED YUSSUF......................................APPLICANT
VERSUS
REPUBLIC.........................................................RESPONDENT
RULING
1. The applicant was charged with offence of robbery with violence contrary to section 296(2) of the Penal Code (Cap. 63 Laws of Kenya). Particulars being that on 25/6/2005 at Garissa town, Garissa District jointly with another robbed Anab Osman Issack Kshs.24,000/=, 2 mobile phones Nokia make 1100 valued at Kshs.38,000/= and immediately before and/or immediately after time of such robbery used personal violence to the said Anab Osman Issack.
2. He pleaded not guilty and matter went into trial. He was found guilty and convicted and sentenced to death on 9/3/07.
3. He lodged HCCRA No. 65 of 2007 at Meru High Court which was heard and dismissed.
4. He proceeded to Court of Appeal at Nyeri vide Criminal Appeal No. 107 of 2011 which was also dismissed on 29/5/2013.
5. He has now come to this court for resentencing relying on Supreme case of Muruatetu.
6. The prosecution does not oppose the same application thus the court makes the following orders:-
(1) The death sentence is set aside.
(2) The applicant shall be presented to Chief Magistrate Court at Garissa for resentencing in the CMCRC No. 747/2005.
(3) Orders accordingly.
DATED, DELIVERED AND SIGNED AT GARISSA THIS 7TH DAY OF NOVEMBER, 2019.
……………….………………
C. KARIUKI
JUDGE