[2019] KEHC 3212 (KLR)
The court found that the petitioner, although armed and having threatened the victim, did not cause physical injury and demonstrated remorse. The objectives of sentencing, including punishment and rehabilitation, were deemed to have been achieved by the 15 years already served. Consequently, the court held that...
Source-derived case information.
- Citation
- [2019] KEHC 3212 (KLR)
- Parties
- Applicant: Gregory Waingwe; Respondent: Director of Public Prosecutions
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Petition 33 of 2018
- Procedural Posture
- Constitutional Petition / Judgment
- Outcome
- Petition allowed. Petitioner released unless otherwise lawfully held.
- Judges
- DO Ogembo
- Legal Topics
- Sentencing Principles, Remorse and Rehabilitation, Armed Robbery, Release Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gregory Waingwe
Applicant
Director of Public Prosecutions
Respondent
Procedural Posture
Constitutional Petition / Judgment
Legal Issues
- 1 Whether the petitioner should continue to be held after serving 15 years for the offence committed.
- 2 Whether the objectives of sentencing have been achieved in the circumstances of the case.
Ratio Decidendi
The court found that the petitioner, although armed and having threatened the victim, did not cause physical injury and demonstrated remorse. The objectives of sentencing, including punishment and rehabilitation, were deemed to have been achieved by the 15 years already served. Consequently, the court held that continued detention was unnecessary and ordered the petitioner to be released unless otherwise lawfully held.
Court Disposition
Petition allowed. Petitioner released unless otherwise lawfully held.
Orders
- The petitioner is sentenced to 15 years, which he has already served.
- The petitioner is set free and released unless validly held for another cause.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MOMBASA
PETITION NO. 33 OF 2018
GREGORY WAINGWE....................................................APPLICANT
VERSUS
THE DIRECTOR OF PUBLIC PROSECUTIONS...RESPONDENT
29/10/2019
Before Hon. Justice E. Ogola
Court assistant Kaunda
Mr. Fedha for DPP
Petitioner in person
MR. FEDHA
I filed my submissions on 9/9/19. The petitioner was armed with a knife and threatened. He was given handbag and phone and he never informed anybody. I pray that he be jailed for the 15 years that he has served.
E.K OGOLA (J)
COURT
I am satisfied with submissions of the DPP. The petitioner did not injure anybody. He also appears remorseful. In my view the objective of sentencing has been achieved. The petitioner is herewith sentenced to 15 years which he has already served. He is herewith set free and released unless validly held.
Orders accordingly.
E.K OGOLA
JUDGE
29/10/19