[2019] KEHC 2327 (KLR)
The court found that the petitioner, having been convicted of robbery with violence and sentenced to death, is entitled to resentencing in line with the Supreme Court's decision in Muruatetu. The court noted that the petitioner's co-accused had already been resentenced to 20 years' imprisonment under similar...
Source-derived case information.
- Citation
- [2019] KEHC 2327 (KLR)
- Parties
- Petitioner: James Ayanga Okulu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Petition 44 of 2019
- Procedural Posture
- Constitutional Petition / Resentencing Judgment
- Outcome
- petition_allowed_in_part
- Judges
- TW Cherere
- Legal Topics
- Resentencing, Robbery With Violence, Penal Code Section 296 2, Remission of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Ayanga Okulu
Petitioner
Republic
Respondent
Procedural Posture
Constitutional Petition / Resentencing Judgment
Legal Issues
- 1 Whether the petitioner is entitled to resentencing following the Supreme Court decision on mandatory death sentences.
- 2 Whether the petitioner should benefit from remission of sentence after resentencing.
Ratio Decidendi
The court found that the petitioner, having been convicted of robbery with violence and sentenced to death, is entitled to resentencing in line with the Supreme Court's decision in Muruatetu. The court noted that the petitioner's co-accused had already been resentenced to 20 years' imprisonment under similar circumstances. There was no justification to treat the petitioner differently. The court therefore resentenced the petitioner to 20 years' imprisonment, effective from the same date as his co-accused's resentencing. The court further clarified that the petitioner is entitled to remission of sentence if he meets the statutory requirements, as his sentence has now been commuted to a...
Court Disposition
petition_allowed_in_part
Orders
- The petitioner is resentenced to 20 years' imprisonment to run from 29th May, 2019.
- The petitioner is entitled to remission of sentence if he meets the statutory conditions.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISUMU
(CORAM: CHERERE- J.)
PETITION NO. 44 OF 2019
BETWEEN
JAMES AYANGA OKULU.......................PETITIONER
AND
REPUBLIC..............................................RESPONDENT
JUDGMENT
1. JAMES AYANGA OKULU, (hereinafter referred to as the petitioner) together with BENSON TITO BULIMO were jointly charged, convicted and sentenced to death for the offence of robbery with violence contrary to section 296(2) of the Penal Code.The convictions and sentence were upheld by the High Court and the Court of Appeal.
2. BENSON TITO BULIMO already been resentenced to 20 years in PETITION NO. 88 OF 2018 (UR).
3. I have considered that the Petitioner, EDWIN MAKUNDA OUTA and ROBERT OWINO OWITI committed the offences under similar circumstances and find no reason to deviate from the reasoning by Ochieng J. in PETITION NO. 88 OF 2018 (UR)
4. In the result, the Petitioner has served 16 years. He is resentenced to 20 years’imprisonment which will run from 29th May, 2019 when his co-accused was resentenced in PETITIONNO. 88 OF 2018 (UR)
5. For avoidance of doubt, the Petitioner’s sentence having been commuted to a definite imprisonment term is also entitled to benefit from remission of sentence if he meets the conditions. It is so ordered.
DATED AND SIGNED IN KISUMU THIS24th DAY OFOctober 2019
T. W. CHERERE
JUDGE
Read in open court in the presence of-
Court Assistant- Amondi
Petitioner- Present in person
For the State- Ms. Gathu