[2020] KEHC 8442 (KLR)
The court found that the mandatory death sentence imposed on the petitioner for robbery with violence was unconstitutional in light of the Supreme Court's decision in Francis Muruatetu v Republic. The court considered the petitioner's mitigation, including his age at the time of the offence, his conduct and reform...
Source-derived case information.
- Citation
- [2020] KEHC 8442 (KLR)
- Parties
- Petitioner: Jared Ochieng Okoth; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Constitutional Petition 33 of 2019
- Procedural Posture
- Constitutional Petition / Judgment
- Outcome
- petition allowed; resentencing granted
- Judges
- RE Aburili
- Legal Topics
- Resentencing, Mandatory Death Sentence, Robbery With Violence, Mitigation Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jared Ochieng Okoth
Petitioner
Republic
Respondent
Procedural Posture
Constitutional Petition / Judgment
Legal Issues
- 1 Whether the mandatory death sentence for robbery with violence is unconstitutional for depriving the convict of mitigation and judicial discretion.
- 2 Whether the petitioner is entitled to resentencing following the Supreme Court decision in Francis Muruatetu v Republic.
Ratio Decidendi
The court found that the mandatory death sentence imposed on the petitioner for robbery with violence was unconstitutional in light of the Supreme Court's decision in Francis Muruatetu v Republic. The court considered the petitioner's mitigation, including his age at the time of the offence, his conduct and reform in prison, and the fact that the complainant was not injured and the stolen vehicle was recovered. The court determined that the petitioner had demonstrated remorse and a low likelihood of reoffending. Consequently, the court allowed the petition for resentencing and substituted the life sentence with a term of twenty years' imprisonment, to be calculated from the date of...
Court Disposition
petition allowed; resentencing granted
Orders
- The petitioner shall serve twenty (20) years in prison instead of life imprisonment as commuted.
- The sentence shall be calculated from the date of arrest on 7.8.2006.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CONSTITUTIONAL PETITION NO. 33 OF 2019
JARED OCHIENG OKOTH.............PETITIONER
VERSUS
REPUBLIC.........................................RESPONDENT
(Petition for resentencing following mandatory death sentence imposed)
JUDGMENT
1. The petitioner by this petition seeks for resentencing following his conviction and sentence of death imposed on him for the offence of Robbery with violence contrary to section 296(2) of the Penal Code vide Siaya PM Cr Case No 731 of 2016 and Kisumu CA CRA No. 212 of 2009. His co-convict George Otieno Odero also filed a petition before this court vide HC CONST PET No. 7 of 2018 and benefitted from resentencing following the Francis Muruatetu v Republic SC PET 15/2015decision that declared the mandatoriness of death sentence unconstitutional for depriving the convict an opportunity to mitigate and for depriving the trial court of the judicial discretion in sentencing.
2. I have considered the petition herein and the mitigations by the petitioner and his submissions. The petitioner has been in prison from 2006 and he was only 23 years then. He is now 39 years. He promises not to engage in crime as he has learnt lessons and he is reformed. He has trained in life’s skills of soap making and a diploma in Biblical studies.
3. I note that the complainant was robbed of a matatu but he was not injured. The robbed vehicle was damaged as the robbers did not know how to drive it but it was recovered and the robbers nabbed. Iam satisfied that the petitioner has learnt lessons in prison and he is unlikely to reoffend. Should he do so, the law that put him behind bars is still live.
4. I hereby allow the petition for resentencing and order that the Petitioner shall now serve twenty (20) years in prison instead of life imprisonment as commuted and subject to his good conduct, discipline and industry, he may benefit from remission of sentence.
5. The sentence to be calculated from the date of arrest on 7. 8.2006.
6. Orders accordingly.
Dated, Signed and Delivered at Siaya this 21st Day of January, 2020
R. E. ABURILI
JUDGE
In the presence of:
The Petitioner in person
Mr. Okachi SPPC for Respondent
CA: Brenda and Modestar