[2019] KEHC 4383 (KLR)

[2019] KEHC 4383 (KLR)

The court found that the petitioner had already served over 14 years in custody for the offence of robbery with violence involving Kshs. 35,000. Considering the nature of the offence and the period already served, the court exercised its discretion to resentence the petitioner to the period already served. The court...

Source-derived case information.

Citation
[2019] KEHC 4383 (KLR)
Parties
Applicant: David Bundi Mikwa; Respondent: Director of Public Prosecutions (DPP)
Court
High Court
Court Station
High Court at Meru
Jurisdiction
Kenya
Case Number
Petition 81 of 2018
Procedural Posture
Constitutional Petition / Resentencing
Outcome
petition allowed; petitioner resentenced to period served
Judges
A Mabeya
Legal Topics
Robbery With Violence, Resentencing, Custodial Sentence, Time Served
Source Language
en
Criminal Law Robbery With Violence Resentencing Custodial Sentence Time Served

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Parties

David Bundi Mikwa

Applicant

Director of Public Prosecutions (DPP)

Respondent

Procedural Posture

Constitutional Petition / Resentencing

Legal Issues

  1. 1 Whether the petitioner is entitled to resentencing after serving over 14 years for robbery with violence.
  2. 2 Whether the period already served is sufficient punishment for the offence committed.

Ratio Decidendi

The court found that the petitioner had already served over 14 years in custody for the offence of robbery with violence involving Kshs. 35,000. Considering the nature of the offence and the period already served, the court exercised its discretion to resentence the petitioner to the period already served. The court ordered the immediate release of the petitioner unless otherwise lawfully held, finding that continued incarceration would not serve the interests of justice.

Court Disposition

petition allowed; petitioner resentenced to period served

Orders

  • The petitioner is resentenced to the period already served.
  • The petitioner is to be set free unless otherwise lawfully held.