[2019] KEHC 6320 (KLR)
The court found that the petitioner, having been convicted and sentenced to death for robbery with violence under similar circumstances as his co-accused, is entitled to resentencing in line with the Supreme Court's decision in Muruatetu. Since his co-accused have already been resentenced to 18 years imprisonment,...
Source-derived case information.
- Citation
- [2019] KEHC 6320 (KLR)
- Parties
- Appellant: Geofrey Okoth Okech; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Petition 20 of 2019
- Procedural Posture
- Constitutional Petition / Resentencing Judgment
- Outcome
- petition_allowed_in_part
- Judges
- TW Cherere
- Legal Topics
- Resentencing, Robbery With Violence, Penal Code Section 296 2, Remission of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Geofrey Okoth Okech
Appellant
Republic
Respondent
Procedural Posture
Constitutional Petition / Resentencing Judgment
Legal Issues
- 1 Whether the petitioner is entitled to resentencing following the Supreme Court decision on mandatory death sentences.
- 2 Whether the petitioner should receive a similar sentence as his co-accused who have already been resentenced.
- 3 Whether the petitioner is entitled to remission of sentence after resentencing.
Ratio Decidendi
The court found that the petitioner, having been convicted and sentenced to death for robbery with violence under similar circumstances as his co-accused, is entitled to resentencing in line with the Supreme Court's decision in Muruatetu. Since his co-accused have already been resentenced to 18 years imprisonment, and there are no distinguishing factors, the petitioner should receive the same sentence. The sentence is to run from the original date of conviction, and the petitioner is entitled to remission if he meets the statutory conditions.
Court Disposition
petition_allowed_in_part
Orders
- The petitioner is resentenced to 18 years imprisonment to run from 13th February, 2008.
- The petitioner is entitled to remission of sentence if he meets the statutory conditions.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISUMU
(CORAM: CHERERE- J.)
PETITION NO. 20 OF 2019
BETWEEN
GEOFREY OKOTH OKECH...........PETITIONER
AND
REPUBLIC.......................................RESPONDENT
JUDGMENT
1. GEOFREY OKOTH OKECH, (hereinafter referred to as the petitioner) together with ROBERT OWINO OWITI and EDWIN MAKUNDA OUTA were jointly charged, convicted and sentenced to death for three offences of robbery with violence contrary to section 296(2) of the Penal Code.The convictions and sentence were upheld by the High Court and the Court of Appeal.
2. Both EDWIN MAKUNDA OUTA and ROBERT OWINO OWITI have already been resentenced to 18 years in HC PETITION NO. 12 OF 2017 and HC PETITION NO. 3 OF 2018respectively.
3. I have considered that the Petitioner, EDWIN MAKUNDA OUTA and ROBERT OWINO OWITI committed the offences under similar circumstances and find no reason to deviate from the reasoning by Ochieng J. in HC PETITION NO. 12 OF 2017 (UR) and HC PETITION NO. 3 OF 2018 (UR)
4. In the result, the Petitioner is resentenced to 18 yearsimprisonment which will run from 13th February, 2008.
5. For avoidance of doubt, the Petitioner’s sentence having been commuted to a definite imprisonment term is also entitled to benefit from remission of sentence if he meets the conditions. It is so ordered.
DATED AND SIGNED IN KISUMU THIS 27th DAY OF June,2019
T. W. CHERERE
JUDGE
Read in open court in the presence of-
Court Assistant- Felix
Petitioner- Present in person
For the State- Mr. Kakoi