[2018] KEHC 2523 (KLR)
The court found that, following the Supreme Court's decision in Muruatetu, the mandatory death sentence for robbery with violence is unconstitutional. Consequently, the applicant is entitled to a review of his sentence. Since the trial court was the Magistrate's Court, the High Court remitted the matter to the trial...
Source-derived case information.
- Citation
- [2018] KEHC 2523 (KLR)
- Parties
- Applicant: Hamisi Abdalah Kombo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kitui
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application 33 of 2018
- Procedural Posture
- Criminal Miscellaneous Application / Ruling on Application for Review of Sentence
- Outcome
- Application allowed; matter remitted to trial court for re-sentencing.
- Judges
- LN Mutende
- Legal Topics
- Review of Sentence, Robbery With Violence, Constitutionality of Mandatory Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hamisi Abdalah Kombo
Applicant
Republic
Respondent
Procedural Posture
Criminal Miscellaneous Application / Ruling on Application for Review of Sentence
Legal Issues
- 1 Whether the mandatory death sentence for robbery with violence is unconstitutional in light of the Supreme Court decision in Muruatetu.
- 2 Whether the applicant is entitled to a review and re-sentencing based on the unconstitutionality of the mandatory sentence.
Ratio Decidendi
The court found that, following the Supreme Court's decision in Muruatetu, the mandatory death sentence for robbery with violence is unconstitutional. Consequently, the applicant is entitled to a review of his sentence. Since the trial court was the Magistrate's Court, the High Court remitted the matter to the trial court for re-sentencing in accordance with the law and the principles set out in the Muruatetu decision.
Court Disposition
Application allowed; matter remitted to trial court for re-sentencing.
Orders
- The case is remitted to the Chief Magistrate's Court, Kitui, for re-sentencing.
- Mention before the Chief Magistrate, Kitui, on 11th October, 2018 for directions.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITUI
CRIMINAL MISC. APPLICATION NO. 33 OF 2018
HAMISI ABDALAH KOMBO…......................................APPLICANT
VERSUS
REPUBLIC………………...…………………..…….....RESPONDENT
R U L I N G
1. By an application filed herein on the 2nd May, 2018the Applicant seeks review of the sentence imposed following his conviction for the offence of Robbery with Violencecontrary to Section 29(2)of the Penal Code.His argument is that the mandatory nature of the sentence meted out is unconstitutional and therefore prejudicial to him.
2. The application arises as a result of the decision of the Supreme Court in Francis Karioko Muruatetu & Another vs. Republic SCK Petition Number 15 of 2015 (2017) eKLR.A decision that declared the death sentence unconstitutional and referred the matter for re-sentencing.
3. By the nature of the offence the Applicant is charged with, the Court of the first instance was the Magistrate’s Court. Consequently, I hereby remit the case to the Trial Court for re-sentencing. Mention before the Chief Magistrate, Kitui on the 11th October, 2018for directions.
4. It is so ordered.
Dated, Signed and Delivered at Kitui this 3rd day of October 2018.
L. N. MUTENDE
JUDGE