[2019] KEHC 7797 (KLR)
The court held that, following the Supreme Court's decision in Francis Karioko Muratetu & Another vs. Republic and the Court of Appeal's decision in William Okungu vs. Republic, the mandatory death penalty for robbery with violence under section 296(2) of the Penal Code is unconstitutional. The court found that...
Source-derived case information.
- Citation
- [2019] KEHC 7797 (KLR)
- Parties
- Petitioner: Gideon Meitekin Koiyet; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Constitutional Petition 55 of 2018
- Procedural Posture
- Constitutional Petition / Judgment
- Outcome
- petition allowed in part; petitioner resentenced to 15 years from 14th June 2007
- Legal Topics
- Mandatory Sentencing, Death Penalty, Resentencing, Robbery With Violence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gideon Meitekin Koiyet
Petitioner
Republic
Respondent
Procedural Posture
Constitutional Petition / Judgment
Legal Issues
- 1 Whether the mandatory death penalty for robbery with violence under section 296(2) of the Penal Code is unconstitutional in light of the Supreme Court decision in Francis Karioko Muratetu & Another vs. Republic.
- 2 Whether the petitioner is entitled to resentencing following the declaration of unconstitutionality of the mandatory death penalty.
Ratio Decidendi
The court held that, following the Supreme Court's decision in Francis Karioko Muratetu & Another vs. Republic and the Court of Appeal's decision in William Okungu vs. Republic, the mandatory death penalty for robbery with violence under section 296(2) of the Penal Code is unconstitutional. The court found that sentencing should be discretionary and considered the circumstances of the case, including the period the petitioner had already spent in custody. Consequently, the court resentenced the petitioner to fifteen years' imprisonment from the date of the original sentence, replacing the previous mandatory death sentence.
Court Disposition
petition allowed in part; petitioner resentenced to 15 years from 14th June 2007
Orders
- The petitioner is resentenced to fifteen (15) years' imprisonment from 14th June 2007.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT KISII
CONSTITUTIONAL PETITION NO. 55 OF 2018
BETWEEN
GIDEON MEITEKIN KOIYET...............PETITIONER
VERSUS
REPUBLIC.............................................. RESPONDENT
JUDGMENT
1. The petitioner seeks resentencing. He was convicted of the offence of robbery with violence contrary to section 296 (2) of the Penal Code and was sentenced to death. His appeal in the High Court, in HCCR No. 90 of 2007 was dismissed and his second appeal to the Court of Appeal Criminal Appeal No 297 of 2012 was also dismissed.
2. The petitioner relies on the Supreme Court decision in Francis Karioko Muratetu & Another vs. Republic SCK Petition No. 15 of 2015 declaring the mandatory death penalty unconstitutional. This Court of Appeal’s decision in William Okungu vs. Republic Criminal Appeal No. 56 of 2013held as follows;
[9] From the foregoing, we hold that the findings and holding of the Supreme Court particularly in paragraph 69 applies mutatis mutandis to Section 296 (2) and 297 (2) of the Penal Code. Thus, the sentence of death under Section 296 (2) and 297 (2) of the Penal Code is a discretionary maximum punishment.
3. I have read the proceedings in the lower court and considered, the circumstances of the case, I also note that the petitioner has been in custody since 7/6/2006, he was sentenced on the 14/6/2007. I sentence the petitioner to fifteen (15) years from 14th June 2007.
4. Dated signed and delivered at Kisii this 29th day of March 2019.
R.E.OUGO
JUDGE
In the presence of;
Petitioner In person
Mr. Otieno Senior Prosecution Counsel Office of the DPP
Rael Court Clerk