[2019] KECA 7 (KLR)
The Court of Appeal held that, following the Supreme Court's decision in Francis Muruatetu & Another v Republic, the mandatory nature of the death sentence imposed under section 296(2) of the Penal Code is unconstitutional. The appellant, having been sentenced to death under this provision, is entitled to have his...
Source-derived case information.
- Citation
- [2019] KECA 7 (KLR)
- Parties
- Appellant: David Kiplangat Rono alias Rasta; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 184 of 2013
- Procedural Posture
- Criminal Appeal / Appeal From Conviction and Sentence; Remitted for Resentencing
- Outcome
- Appeal on sentence allowed; matter remitted to High Court for resentencing.
- Judges
- F Sichale, S ole Kantai
- Legal Topics
- Robbery With Violence, Mandatory Sentencing, Death Penalty, Constitutional Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Kiplangat Rono alias Rasta
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence; Remitted for Resentencing
Legal Issues
- 1 Whether the mandatory death sentence for robbery with violence under section 296(2) of the Penal Code is constitutional in light of recent Supreme Court jurisprudence.
- 2 Whether the appellant is entitled to resentencing following the Supreme Court decision in Francis Muruatetu & Another v Republic.
Ratio Decidendi
The Court of Appeal held that, following the Supreme Court's decision in Francis Muruatetu & Another v Republic, the mandatory nature of the death sentence imposed under section 296(2) of the Penal Code is unconstitutional. The appellant, having been sentenced to death under this provision, is entitled to have his sentence reviewed in light of the new jurisprudence. The appropriate course is to remit the matter to the High Court at Kericho for resentencing, where the appellant will have the opportunity to present mitigation and the court will impose a sentence that is just and proportionate to the circumstances of the case.
Court Disposition
Appeal on sentence allowed; matter remitted to High Court for resentencing.
Orders
- The file is remitted to the High Court at Kericho for resentencing of the appellant.
- The High Court shall take the appellant's mitigation and award an appropriate sentence.
Full Case Text
Judgment text and source record
27 paragraphs
IN THE COURT OF APPEAL
AT NYERI (SITTING AT NAKURU)
[CORAM: GATEMBU, SICHALE & KANTAI, JJA]
CRIMINAL APPEAL NO. 184 OF 2013
BETWEEN
DAVID KIPLANGAT RONO ALIAS RASTA.....APPELLANT
AND
REPUBLIC..........................................................RESPONDENT
(Appeal from a conviction & judgment of the High Court of Kenya at Kericho (Byram Ongaya & G.W. Ngenye dated 24th October, 2013InKericho HCCRA NO. 23 OF 2011)
*****************************
JUDGMENT OF THE COURT
The appellant, DAVID KIPLANGAT RONO also known as RASTA was tried and convicted of the offence of robbery with violence contrary to section 296(2) of the Penal Code. He was sentenced on 25th May, 2011 to suffer death. His first appeal to the High Court of Kenya at Kericho was dismissed in a judgment delivered on 24th October, 2013. The appellant thereafter appealed to this Court. When the appeal came up for hearing today Miss Kabalika, learned counsel for the appellant urged the only ground taken in Memorandum of Appeal filed on 15th March, 2019. The same relate to the sentence of death imposed on the appellant. According to counsel the mandatory nature of the death sentence
has since been held by the Supreme Court of Kenya to be unconstitutional and for this reason we are urged to refer the matter to the trial court for resentencing.
Mr. Baraka, learned Prosecution Counsel agrees.
We have considered the application and are aware of the new jurisprudence in this country which was pronounced by the Supreme Court in Francis Muruatetu & Another vs. Republicwhere the mandatory nature of the death sentence was held to be unconstitutional. In the event we remit the file to the High Court at Kericho with an order that the said court takes the appellant’s mitigation and award an appropriate sentence. The file be remitted to that court and be mentioned in the next fourteen (14) days for appropriate orders of that court.
Given and dated at Nakuru this 19thday of March, 2019.
S. GATEMBU KAIRU, FCIArb.
......................................
JUDGE OF APPEAL
F. SICHALE
......................................
JUDGE OF APPEAL
S. ole KANTAI
.....................................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR