[2025] KEHC 4686 (KLR)
The court found that although the petitioner claimed to have been 17 years old at the time of the offence, this fact was not raised during trial and is therefore considered an afterthought. The offence committed was extremely serious, involving brutal violence, psychological trauma to children, and lasting harm to...
Source-derived case information.
- Citation
- [2025] KEHC 4686 (KLR)
- Parties
- Applicant: Desterious Samuel James; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Petition 33 of 2019
- Procedural Posture
- Constitutional Petition / Sentence
- Outcome
- Petition dismissed in part; sentence imposed.
- Judges
- REA Ougo
- Legal Topics
- Robbery With Violence, Sentencing Principles, Juvenile Offenders, Mitigation, Constitutional Rights, Death Penalty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Desterious Samuel James
Applicant
Republic
Respondent
Procedural Posture
Constitutional Petition / Sentence
Legal Issues
- 1 Whether the petitioner.s age at the time of the offence should affect the sentence imposed.
- 2 Whether the death penalty should be upheld or substituted with a term of imprisonment given the circumstances of the offence.
- 3 Whether the petitioner.s mitigation and time already served should be considered in sentencing.
Ratio Decidendi
The court found that although the petitioner claimed to have been 17 years old at the time of the offence, this fact was not raised during trial and is therefore considered an afterthought. The offence committed was extremely serious, involving brutal violence, psychological trauma to children, and lasting harm to the victims. Despite the petitioner being a first offender and having served a significant period in custody, the gravity of the crime warranted a stiff sentence. The court exercised its discretion to impose a thirty-year term of imprisonment, taking into account the time already served in remand and prison, rather than upholding the death penalty as urged by the prosecution.
Court Disposition
Petition dismissed in part; sentence imposed.
Orders
- The petitioner, Desterious Samuel James, is sentenced to thirty (30) years imprisonment.
- The period spent in remand and in prison prior to this sentence shall be taken into account when computing the sentence.
Full Case Text
Judgment text and source record
22 paragraphs
James v Republic (Petition 33 of 2019) [2025] KEHC 4686 (KLR) (4 April 2025) (Sentence)
Neutral citation: [2025] KEHC 4686 (KLR)
Republic of Kenya
In the High Court at Bungoma
Petition 33 of 2019
REA Ougo, J
April 4, 2025
IN THE MATTER IMPUGNED UNDER ARTICLE 23 (1),165 (3) (B)(D)(1),50(2),25 (C) (D),51 (1)AND 163 OF THE CONSTITUTION OF KENYA 2010 AND SECTION 296 (2) OF THE PENAL CODE. AND IN THE MATTER OF ARTICLE 20 (1) (4),21 (1), 48,258 (III) OF THE CONSTITUTION OF KENYA 2010 AND IN THE MATTER OF CONTRAVENTION OF FUNDAMENTAL RIGHTS AND FREEDOMS UNDER ARTICLE 25 (A) (C), 26 (1), 27 (1) (2),28,29 (D) (F) (2) AND ARTICLES 23 (1) UNDER SECTION (3) OF THE CONSTITUTION OF KENYA 2010 AND IN THE MATTER ARISING FROM SECTION 295 (1) AS READ WITH SECTION 296 (2) OF THE PENAL CODE
Between
Desterious Samuel James
Petitioner
and
Republic
Respondent
Sentence
1. The Petitioner stated his mitigation that he has been in jail since 2014. He was 17 years old at the time the offence was committed, and he has become a better person.
2. The prosecution drew the court’s attention to their submissions, where they requested the court to uphold the death sentence considering the circumstances of the offence. The victims sustained grave injuries in the presence of the 2 children who were below 14 years old. The victim was even raped in front of her children and left with lasting scars on the body and mind.
3. The petitioner committed a very serious offence of robbery with violence. The victim was under a brutal attack, which left children with scars on their bodies and minds for as long as they will live. The robbery was brutal and uncalled for. The photographs presented in court were grisly and heartbreaking. The victims also lost property. In my view, though the applicant is said to be a first offender he deserves a stiff sentence.
4. I have perused the court proceedings, and nowhere in the proceedings did the petitioner inform the trial court that he was 17 years old, nor did the court note that he was of a young age. This wasn’t brought up during the trial. It is being brought up at this stage. In my view, it is an afterthought.
5. I therefore sentence the Petitioner, Desterious Samuel James, to serve thirty (30) years imprisonment. The period he was in remand before sentence by the lower court and the years he has been in prison shall be taken into account when computing his sentence.
6. He has a right of appeal on the sentence.
DATED, SIGNED, AND DELIVERED AT BUNGOMA THIS 4TH DAY OF APRIL 2025. R.E OUGOJUDGEIn the presence of:-Desterious Samuel James / PetitionerMiss Kibet For the Respondent/ ODDPWilkister - C/A