[2024] KEHC 9435 (KLR)
The court found that while the applicant had served 17 years, the nature of the offence—robbery with violence involving excessive force and use of an AK-47—required a severe sentence. The death sentence was set aside and substituted with a term of 30 years' imprisonment, commencing from the date of arrest...
Source-derived case information.
- Citation
- [2024] KEHC 9435 (KLR)
- Parties
- Applicant: Maxwel Muchiri Gatimu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E023 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Death sentence set aside; applicant resentenced to 30 years' imprisonment from 11/10/2007; file closed.
- Judges
- DKN Magare
- Legal Topics
- Robbery With Violence, Sentencing Review, Resentencing, Use of Excessive Force
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Maxwel Muchiri Gatimu
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant is entitled to resentencing following conviction for robbery with violence.
- 2 Whether the period already served by the applicant should be considered in resentencing.
- 3 Whether the circumstances of the offence, including use of excessive force and being armed, affect the resentencing outcome.
Ratio Decidendi
The court found that while the applicant had served 17 years, the nature of the offence—robbery with violence involving excessive force and use of an AK-47—required a severe sentence. The death sentence was set aside and substituted with a term of 30 years' imprisonment, commencing from the date of arrest (11/10/2007), balancing the period already served with the seriousness of the crime. The court exercised its revisionary jurisdiction to ensure the sentence was proportionate to the circumstances of the offence.
Court Disposition
Death sentence set aside; applicant resentenced to 30 years' imprisonment from 11/10/2007; file closed.
Orders
- The death sentence is set aside.
- The applicant is resentenced to 30 years' imprisonment starting from 11/10/2007.
Full Case Text
Judgment text and source record
21 paragraphs
Gatimu v Republic (Criminal Revision E023 of 2024) [2024] KEHC 9435 (KLR) (24 July 2024) (Ruling)
Neutral citation: [2024] KEHC 9435 (KLR)
Republic of Kenya
In the High Court at Nyeri
Criminal Revision E023 of 2024
DKN Magare, J
July 24, 2024
Between
Maxwel Muchiri Gatimu
Applicant
and
Republic
Respondent
Ruling
1. The Applicant was arrested on 11/10/2007, charged and convicted of robbery with violence. An Appeal being HCCRA 26 of 2009 was dismissed by Hon. Justice Wakiaga. He appealed to the Court of Appeal and reportedly withdrew the same.
2. The Applicant submitted that the court has a unique jurisdiction as held in Protus Buliba Shikuku –vs- Attorney General and William Okungu Kittiny –vs- Republic [2018] eKLR.
3. The state submitted that when equating the sentence, I take cognizance of the fact that excessive force was used. The Applicant sought that the sentence be reheard.
4. The Applicant only relied on the fact that the sentence should be heard. He stated that he had served 17 years.
5. The prosecution notes that the Applicant had served 17 years. This is not a consideration. The consideration is that the Applicant were ruthless and armed with AK-47. The said ruthlessness and excessive use of force must be taken into consideration.
6. In the circumstances I hereby set aside the death sentence and re-sentence the Applicant to 30 years in prison starting from 11/10/2007. The file is closed.
DELIVERED, DATED AND SIGNED AT NYERI ON THIS 24TH DAY OF JULY, 2024. RULING DELIVERED THROUGH MICROSOFT TEAMS ONLINE PLATFORM.KIZITO MAGAREJUDGEIn the presence of:-Ms. Kaniu for StateApplicant in personCourt Assistant – Jedidah