[2019] KEHC 8233 (KLR)
The court found that the mandatory death sentence imposed on the appellant for robbery with violence was unconstitutional, following the Supreme Court's decision in Muruatetu and its application to section 296(2) of the Penal Code by the Court of Appeal. The court exercised its discretion to review the sentence and,...
Source-derived case information.
- Citation
- [2019] KEHC 8233 (KLR)
- Parties
- Appellant: Elisha Kiptanui; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 54 of 2016
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- Appeal on sentence allowed; sentence of death quashed and substituted with twelve years imprisonment from 3rd April 2015.
- Judges
- DAS Majanja
- Legal Topics
- Robbery With Violence, Sentencing, Death Penalty, Appeal Review
- 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
Elisha Kiptanui
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the mandatory death sentence for robbery with violence under section 296(2) of the Penal Code is constitutional.
- 2 Whether the sentence imposed on the appellant should be reviewed in light of recent Supreme Court and Court of Appeal decisions.
Ratio Decidendi
The court found that the mandatory death sentence imposed on the appellant for robbery with violence was unconstitutional, following the Supreme Court's decision in Muruatetu and its application to section 296(2) of the Penal Code by the Court of Appeal. The court exercised its discretion to review the sentence and, considering the circumstances of the offence, substituted the death sentence with a term of twelve years imprisonment effective from 3rd April 2015.
Court Disposition
Appeal on sentence allowed; sentence of death quashed and substituted with twelve years imprisonment from 3rd April 2015.
Orders
- The sentence of death is quashed.
- The appellant is sentenced to twelve (12) years imprisonment from 3rd April 2015.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT ELDORET
CORAM: D.S. MAJANJA J.
CRIMINAL APPEAL NO. 54 OF 2016
BETWEEN
ELISHA KIPTANUI ..........................APPELLANT
AND
REPUBLIC......................................RESPONDENT
(Being an appeal from the original conviction and sentence of Hon.G. Adhiambo, SRM dated 12th April 2016 at Kapsabet Magistrate’s Court in Criminal Case No.859 of 2015)
JUDGMENT
1. The appellant, ELISHA KIPTANUI was charged, convicted and sentenced to death for the offence of robbery with violence contrary to section 296 (2) of the Penal Code (Chapter 63 of the Laws of Kenya). The particulars of the charge were that on 28th March 2015 at around 8. 30pm at Kemeloi Location within Nandi County, he jointly with others not before the court while armed with offensive weapons namely pangas and arrows robbed Maurine Keya of two mobile phones and Kshs. 100,000/- all valued at Kshs. 113,000/- and immediately before or immediately after such robbery did use actual violence on the said Maurine Keya.
2. At the hearing of this appeal, he abandoned the appeal on conviction and urged the court to review the sentence. I have considered the circumstances of the offences noting that the mandatory death sentence was found unconstitutional by the Supreme Court inFrancis Karioko Muruatetu & Another v Republic SCK Pet. No. 15 OF 2015 [2017] eKLR.The same principle was applied to the offence of robbery with violence under section 296(2) of the Penal Code by the Court of Appeal in William Okungu Kittiny v Republic KSM CA Criminal Appeal No. 56 of 2013 [2018] eKLR.
3. Having considered the facts of the case, I allow the appeal to the extent that I quash the sentence of death and substitute it with a sentence of twelve (12) years imprisonment from 3rd April 2015.
DATED and DELIVERED at ELDORET this 25th day of April 2019.
D.S. MAJANJA
JUDGE
Appellant in person.
Ms Oduor, Prosecution Counsel, instructed by the Office of Director of Public Prosecutions for the respondent.