[2019] KEHC 1648 (KLR)

[2019] KEHC 1648 (KLR)

The court held that while the Supreme Court decision in Muruatetu declared the mandatory death sentence for murder unconstitutional and set out principles for sentencing discretion, these principles also apply to other offences with mandatory death sentences, such as robbery with violence. However, in this case, considering the aggravating circumstances—namely, that the petitioner acted with others, used violence, robbed property of significant value, and caused the death of a person during the robbery—the court found that the death sentence was appropriate. The court declined to set aside the death sentence, emphasizing that the loss of life in the course of the robbery warranted the...

Citation
[2019] KEHC 1648 (KLR)
Parties
Applicant: Douglas Gitonga; Respondent: Republic
Court
High Court
Court Station
High Court at Meru
Jurisdiction
Kenya
Judgment Date
3 December 2019
Case Number
Petition 32 of 2019
Procedural Posture
Criminal Resentencing Application / Ruling on Resentencing
Outcome
application dismissed
Judges
A Mabeya
Legal Topics
Robbery With Violence, Mandatory Sentencing, Death Penalty, Resentencing Principles
Source Language
English
Criminal Law Robbery With Violence Mandatory Sentencing Death Penalty Resentencing Principles

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Parties

Douglas Gitonga

Applicant

Republic

Respondent

Procedural Posture

Criminal Resentencing Application / Ruling on Resentencing

Legal Issues

  1. 1 Whether the mandatory death sentence for robbery with violence under section 296(2) of the Penal Code should be set aside in light of the Supreme Court decision in Francis Muruatetu and Others vs Republic [2017] eKLR.
  2. 2 Whether the principles set out in Muruatetu apply to offences other than murder, specifically robbery with violence.
  3. 3 Whether the circumstances of the offence and mitigation justify a reduction of the death sentence.

Ratio Decidendi

The court held that while the Supreme Court decision in Muruatetu declared the mandatory death sentence for murder unconstitutional and set out principles for sentencing discretion, these principles also apply to other offences with mandatory death sentences, such as robbery with violence. However, in this case, considering the aggravating circumstances—namely, that the petitioner acted with others, used violence, robbed property of significant value, and caused the death of a person during the robbery—the court found that the death sentence was appropriate. The court declined to set aside the death sentence, emphasizing that the loss of life in the course of the robbery warranted the...

Court Disposition

application dismissed

Orders

  • The Motion for resentencing is dismissed.
  • The death sentence against the petitioner is upheld.