[2020] KEHC 9491 (KLR)
The court found that although the offence of robbery with violence is grave and involved aggravating factors such as the use of dangerous weapons and impersonation of police officers, the Petitioner had already served 8 years in jail. Taking into account the mitigation presented and the need for proportionality in...
Source-derived case information.
- Citation
- [2020] KEHC 9491 (KLR)
- Parties
- Petitioner: Isaac Samuel Kilonzi; Respondent: The Director of Public Prosecutions
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Petition 5 of 2018
- Procedural Posture
- Constitutional Petition / Judgment
- Outcome
- death sentence set aside; substituted with 16 years imprisonment from date of arrest
- Judges
- DO Ogembo
- Legal Topics
- Robbery With Violence, Sentencing Principles, Mitigation, Dangerous Weapons
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Isaac Samuel Kilonzi
Petitioner
The Director of Public Prosecutions
Respondent
Procedural Posture
Constitutional Petition / Judgment
Legal Issues
- 1 Whether the death sentence imposed on the Petitioner for robbery with violence should be set aside and substituted with a term of imprisonment.
- 2 Whether the circumstances of the offence and mitigation justify a lesser sentence.
Ratio Decidendi
The court found that although the offence of robbery with violence is grave and involved aggravating factors such as the use of dangerous weapons and impersonation of police officers, the Petitioner had already served 8 years in jail. Taking into account the mitigation presented and the need for proportionality in sentencing, the court set aside the death sentence and substituted it with a term of 16 years imprisonment from the date of arrest. The court emphasized the importance of deterrence while also considering the individual circumstances of the Petitioner.
Court Disposition
death sentence set aside; substituted with 16 years imprisonment from date of arrest
Orders
- The death sentence imposed on the Petitioner is set aside.
- The Petitioner is sentenced to 16 years imprisonment from the date of arrest.
Full Case Text
Judgment text and source record
21 paragraphs
THE REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MOMBASA
CONSTITUTIONAL AND HUMAN RIGHTS DIVISION
PETITION NO. 5 OF 2018
ISAAC SAMUEL KILONZI............................................PETITIONER
VERSUS
THE DIRECTOR OF PUBLIC PROSECUTIONS....RESPONDENT
JUDGMENT
1. The Petitioner herein was charged and convicted for the offence of robbery with violence contrary to Section 296(2). That on the night of 21/10. 2010 the Petitioner jointly with others not before court posing as police officers while armed with dangerous weapons namely a pistol, ironbars and hammers, attacked the victims, disarmed them and later tied them with ropes and proceeded to brake inside the premises and stole a computer monitor and cash totaling Kshs. 40,000/= property of the Matuga Constituency Development Fund.
2. The Petitioner was in the company of 5 others and was armed with dangerous weapons, which they used to threaten/assault some of the complaints. The incident happened at night.
3. Mr. Fedha. Learned counsel for the prosecution submitted that the Petitioner and others were armed with dangerous weapons, namely pistol, iron bars and hammers which they used to attach their victims, and should be sentenced to 18 years to serve as a warning to would be robbers.
4. The Petitioner has been in jail for 8 years. I have considered the Petitioner’s mitigation and herewith set aside the death sentence, and in place thereof, I jail the Petitioner for a term of 16 years from the date of arrest.
5. Right of appeal in 14 days.
Dated, Signed and Delivered at Mombasa this 12th day of March, 2020.
E. K. O. OGOLA
JUDGE
In the presence of:
Mr. Fedha for DPP
Petitioner in person
Mr. Wangila holding brief Wamotsa for Petitioner
Mr. Kaunda Court Assistant