[2019] KEHC 12217 (KLR)
The court found that the petitioner had already served 23 years in prison for the offence of robbery with violence, during which he demonstrated rehabilitation and remorse. The Director of Public Prosecution recommended a total sentence of 25 years, which, if adopted, would mean the petitioner was effectively due...
Source-derived case information.
- Citation
- [2019] KEHC 12217 (KLR)
- Parties
- Petitioner: Isaac Kamau Irungu; Respondent: Director of Public Prosecution
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Petition 160 of 2018
- Procedural Posture
- Constitutional Petition / Judgment
- Outcome
- petition allowed in part; petitioner released
- Judges
- DO Ogembo
- Legal Topics
- Right to Fair Trial, Sentencing Principles, Supervisory Jurisdiction, Fundamental Rights, Remission of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Isaac Kamau Irungu
Petitioner
Director of Public Prosecution
Respondent
Procedural Posture
Constitutional Petition / Judgment
Legal Issues
- 1 Whether the continued incarceration of the petitioner after serving 23 years for robbery with violence violates his constitutional rights.
- 2 Whether the sentence imposed should be reviewed in light of the petitioner's rehabilitation and the submissions of the DPP.
Ratio Decidendi
The court found that the petitioner had already served 23 years in prison for the offence of robbery with violence, during which he demonstrated rehabilitation and remorse. The Director of Public Prosecution recommended a total sentence of 25 years, which, if adopted, would mean the petitioner was effectively due for release. The court exercised its supervisory jurisdiction under the Constitution to ensure that continued incarceration would not amount to an unjust deprivation of liberty, given the petitioner's reformation and the time already served. Accordingly, the court ordered that the petitioner be sentenced to the period already served and be set free unless otherwise lawfully held.
Court Disposition
petition allowed in part; petitioner released
Orders
- The petitioner is sentenced to the period already served, being 23 years.
- The petitioner is set free unless otherwise lawfully held.
Full Case Text
Judgment text and source record
32 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MOMBASA
CONSTITUTIONAL AND HUMAN RIGHTS DIVISION
PETITION NO. 160 OF 2018
IN THE CONSTITUTION OF KENYA 2010 (SUPERVISORY JURISDICTION AND PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF AN INDIVIDUAL) HIGH COURT PRACTICE AND PROCEDURE RULES 2013
IN THE MATTER OF: ARTICLE 22(i) OF THE CONSTITUTION
AND
IN THE MATTER OF: ARTICLES 19, 20, 21, 22, 23, 24, 25, 27, 48, 50,258 & 259 OF THE CONSTITUTION OF KENYA
AND
BETWEEN
ISAAC KAMAU IRUNGU……………..…………….……..….……..PETITIONER
AND
DIRECTOR OF PUBLIC PROSECUTION……..…..……..……….RESPONDENT
JUDGMENT
16/12/2019
Before Hon. Justice E. Ogola
Court Assistant Kaunda
Ms. Mutua for DPP
Petitioner in person
Ms. Mutua:
The Petitioner was charged with robbery with violence in Criminal Case No. 231 of 1997. On 9/7/1996, the Petitioner being armed with AK 47 and pistol robbed Delphis Bank of cash 10,648,073 and threatened to cause violence. He was convicted and sentenced to death. His High Court Appeal No. 189/1998 was dismissed, but he was then sentenced to life imprisonment. He has now served 23 years in prison. I submit that the Petitioner was armed with a dangerous weapon. Even though he did not injure anyone I submit that a deterrent sentence of 25 years is sufficient.
HON. E. K. OGOLA
JUDGE
Petitioner:
I was convicted of the offence. I admitted my guilt and I have now gone a process of rehabilitation. I have also learnt dress making. I am now a Trustee in prison. I am 59 years now. I was convicted when I was 26 years. I have been in prison for 23 years. I have a family in Nairobi. I have a wife and two children.
HON. E. K. OGOLA
JUDGE
Court:
The Petitioner has already served 23 years in prison. He DPP has suggested that he be jailed for 25 years. That simply means that if I allow the DPP’s submission then the Petitioner is as good as released. I herewith jail the Petitioner for the time he has served in prison, being the 23 years. He is herewith set free unless lawfully held.
HON. E. K. OGOLA
JUDGE
16/12/2019