[2019] KEHC 11994 (KLR)
The court found that the petitioner had served 16 years in prison for robbery with violence, during which time he demonstrated remorse and positive conduct. The court noted that the offense did not result in injury to the victim and that the petitioner had reformed. In light of these mitigating factors and the...
Source-derived case information.
- Citation
- [2019] KEHC 11994 (KLR)
- Parties
- Applicant: James Macharia Mwangi; Respondent: Director of Public Prosecution
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Petition 111 of 2018
- Procedural Posture
- Constitutional Petition / Judgment
- Outcome
- death sentence set aside; substituted with 16 years imprisonment; petitioner released forthwith unless otherwise lawfully held
- Judges
- DO Ogembo
- Legal Topics
- Robbery With Violence, Sentencing Review, Remission of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Macharia Mwangi
Applicant
Director of Public Prosecution
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 period already served by the petitioner constitutes sufficient punishment in light of the circumstances.
Ratio Decidendi
The court found that the petitioner had served 16 years in prison for robbery with violence, during which time he demonstrated remorse and positive conduct. The court noted that the offense did not result in injury to the victim and that the petitioner had reformed. In light of these mitigating factors and the submissions of the Director of Public Prosecution, the court held that the 16 years already served constituted sufficient punishment. Consequently, the death sentence was set aside and substituted with a jail term of 16 years, resulting in the petitioner's immediate release unless otherwise lawfully held.
Court Disposition
death sentence set aside; substituted with 16 years imprisonment; petitioner released forthwith unless otherwise lawfully held
Orders
- The death sentence imposed on the petitioner is set aside.
- The petitioner is sentenced to a jail term of 16 years.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MOMBASA
CONSTITUTIONAL AND HUMAN RIGHTS DIVISION
PETITION NO. 111 OF 2018
JAMES MACHARIA MWANGI.........................................PETITIONER
VERSUS
DIRECTOR OF PUBLIC PROSECUTION.........................RESPONDENT
12/11/2019
Before Hon. Justice E. Ogola
Court Assistant Kaunda
Mr. Fedha for State
Petitioner in person
Mr. Fedha:
My submissions are dated 22. 8.19. Petitioner was charged with robbery with violence. He attacked the complainant armed with a stick. He did not hurt him. He stole the complainant’s motor bike. He was sentenced to death. Nobody was injured. The prison progress report favours him. He has been in jail for 16 years. I pray that he be sentenced to 16 ears that he has served.
E. K. OGOLA
JUDGE
Petitioner:
I regret my actions. I have reformed. I am 59 years now. I have learnt First Aid with Red Cross. I am also a councilor and teacher in prison.
E. K. OGOLA
JUDGE
Court:
I have considered the petition and submissions of the parties especially that of the DPP. The Petitioner has served 16 years. He is now 60 years. He appears to me to be remorseful. The attack did not injure anybody. For purposes of correction I think the 16 years the Petitioner has served is enough punishment. I therefore set aside the death sentence herein and substitute the same with a jail term for 16 years. The Petitioner having served the said 16 years is now herewith forthwith released unless lawfully held.
E. K. OGOLA
JUDGE
12/11/2019