[2020] KEHC 5203 (KLR)
The court found that the applicant had served over 20 years in prison, did not use violence in the commission of the offence, and had presented mitigation. The State conceded that the sentence already served was sufficient. Relying on precedent from the Supreme Court, the court held that the death sentence should be...
Source-derived case information.
- Citation
- [2020] KEHC 5203 (KLR)
- Parties
- Applicant: John Maina Kimemia Alias Karich; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kerugoya
- Jurisdiction
- Kenya
- Case Number
- Petition 4 of 2017
- Procedural Posture
- Criminal Petition / Ruling
- Outcome
- sentence reviewed; applicant set at liberty
- Judges
- LW Gitari
- Legal Topics
- Sentence Review, Death Penalty, Mitigation, Prison Term, State Concession
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Maina Kimemia Alias Karich
Applicant
Republic
Respondent
Procedural Posture
Criminal Petition / Ruling
Legal Issues
- 1 Whether the sentence of death imposed on the applicant should be reviewed in light of the period already served.
- 2 Whether the applicant's mitigation and lack of violence justify a reduction of sentence.
Ratio Decidendi
The court found that the applicant had served over 20 years in prison, did not use violence in the commission of the offence, and had presented mitigation. The State conceded that the sentence already served was sufficient. Relying on precedent from the Supreme Court, the court held that the death sentence should be reviewed and reduced to the period already served. The applicant was ordered to be set at liberty unless otherwise lawfully held.
Court Disposition
sentence reviewed; applicant set at liberty
Orders
- The sentence of death imposed on the applicant is reviewed to the period already served.
- The applicant is set at liberty unless otherwise lawfully held.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KERUGOYA
HCCR PETITION NO. 4 OF 2018
JOHN MAINA KIMEMIA ALIAS KARICH ..... APPLICANT
V E R S U S
REPUBLIC...........................................................RESPONDENT
RULING
1. I have considered the petition and the submissions by the State – respondent. I noted that the State has conceeded to the application. Since the applicant has been in prison for over 20 years and considering that the appellant did not use violence, and having considered his mitigation, I agree with the State that the sentence already served is sufficient punishment. I refer to the case of Francis Karioko Muruate –v- R, Petition 15 & 16/2018, S.C. I review the sentence of death imposed on the applicant, I order that the sentence is reviewed to the period already served. I set the applicant at liberty unless he is otherwise lawfully held.
Dated at Kerugoya this 8th day of May 2020.
L. W. GITARI
JUDGE