[2020] KEHC 2247 (KLR)
The court held that, pursuant to the Muruatetu decision, the petitioner was entitled to resentencing as a constitutional right. In determining the appropriate sentence, the court considered the seriousness of the offence of robbery with violence, the need for deterrence, and the fact that the petitioner did not...
Source-derived case information.
- Citation
- [2020] KEHC 2247 (KLR)
- Parties
- Petitioner: Jimmy Masila Kitema; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Civil Case 23 of 2019
- Procedural Posture
- Constitutional Petition / Judgment
- Outcome
- petition for resentencing allowed; sentence substituted
- Legal Topics
- Resentencing, Robbery With Violence, Constitutional Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jimmy Masila Kitema
Petitioner
Republic
Respondent
Procedural Posture
Constitutional Petition / Judgment
Legal Issues
- 1 Whether the petitioner is entitled to resentencing as a constitutional right following the Muruatetu decision.
- 2 What is the appropriate sentence for the offence of robbery with violence in the circumstances of the case.
Ratio Decidendi
The court held that, pursuant to the Muruatetu decision, the petitioner was entitled to resentencing as a constitutional right. In determining the appropriate sentence, the court considered the seriousness of the offence of robbery with violence, the need for deterrence, and the fact that the petitioner did not injure anyone during the commission of the offence. The court concluded that a custodial sentence of twelve years was sufficient in the circumstances and ordered that the sentence run from the date of arrest.
Court Disposition
petition for resentencing allowed; sentence substituted
Orders
- The petitioner is hereby jailed to serve a term of 12 years from the date of arrest.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT VOI
HCCPET NO 23 OF 2019
JIMMY MASILA KITEMA.................PETITIONER
VERSUS
REPUBLIC......................................RESPONDENT
JUDGMENT
I have considered submissions herein. The resentencing is now as matter of constitutional right, pursuant to Muruatetu case.
In considering the period, this court note that robbery with violence is a serious offence which must be deterred. I have noted that the Petitioner did not injure anybody, but he stole a motor cycle and money. I am persuaded that in the circumstance a jail term of twelve (12) years is sufficient.
The Petitioner is hereby jailed to serve a term of 12 years from the date of arrest.
E.OGOLA-JUDGE
22/10/2020