[2019] KEHC 2370 (KLR)
The court found that, following the Supreme Court decision in Muruatetu, the mandatory aspect of the death sentence for robbery with violence under section 296(2) of the Penal Code is unconstitutional. As a result, the applicant is entitled to have his sentence set aside and the matter remitted for resentencing,...
Source-derived case information.
- Citation
- [2019] KEHC 2370 (KLR)
- Parties
- Applicant: Daudi Mutua Katu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Garissa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 19 of 2019
- Procedural Posture
- Criminal Miscellaneous Application / Ruling on Resentencing Application
- Outcome
- application allowed
- Judges
- CM Kariuki
- Legal Topics
- Robbery With Violence, Mandatory Sentencing, Resentencing, Supreme Court Guidelines
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Daudi Mutua Katu
Applicant
Republic
Respondent
Procedural Posture
Criminal Miscellaneous Application / Ruling on Resentencing Application
Legal Issues
- 1 Whether the applicant is entitled to resentencing following the Supreme Court decision in Muruatetu declaring the mandatory death sentence unconstitutional.
Ratio Decidendi
The court found that, following the Supreme Court decision in Muruatetu, the mandatory aspect of the death sentence for robbery with violence under section 296(2) of the Penal Code is unconstitutional. As a result, the applicant is entitled to have his sentence set aside and the matter remitted for resentencing, where the trial court will consider mitigation and exercise discretion in determining the appropriate sentence. The State having not opposed the application, the court allowed the application and issued orders accordingly.
Court Disposition
application allowed
Orders
- The death sentence imposed in Criminal Case No. 150 of 2012 – Chief Magistrate’s Court at Garissa dated 20/8/2013 is set aside.
- The matter is referred back to the Chief Magistrate’s Court Garissa for resentencing after considering mitigation.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT GARISSA
CRIMINAL MISC. APPLICATION NO. 19 OF 2019
DAUDI MUTUA KATU...................................................................APPLICANT
VERSUS
REPUBLIC....................................................................................RESPONDENT
RULING
1. The applicant Daudi Mutua Katu was charged with offence of robbery with violence contrary to section 296(2) of the Penal Code whereof he was convicted and sentenced to death which was commuted to life sentence by the President of the Republic of Kenya.
2. He appealed in Garissa HCCRA No. 142 of 2013 whereof the same was dismissed after matter was fully heard.
3. He has now moved court for resentencing pursuant to the Supreme Court case of Muruatetu which declared mandatory aspect of death sentence unconstitutional.
4. The State does not oppose the application. Thus the court makes the following orders:-
i. The death sentence subsequent in Criminal Case No. 150 of 2012 – Chief Magistrate’s Court at Garissa dated 20/8/2013 is set aside.
ii. The matter is referred back to the Chief Magistrate’s Court Garissa for resentencing after considering mitigation.
DATED, DELIVERED AND SIGNED AT GARISSA THIS 7TH DAY OF NOVEMBER, 2019.
……………….………
C. KARIUKI
JUDGE