[2013] KEHC 521 (KLR)
The court held that, in light of the recent Court of Appeal decision overruling Godfrey Ngotho Mutiso v. Republic, the sentence of death for robbery with violence under section 296(2) of the Penal Code is mandatory. The appellate court therefore lacks jurisdiction to impose any sentence other than death, except in...
Source-derived case information.
- Citation
- [2013] KEHC 521 (KLR)
- Parties
- Appellant: Julius Muriithi M'Maranya; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 6 of 2013
- Procedural Posture
- Criminal Appeal / Appeal Against Sentence
- Outcome
- appeal dismissed
- Legal Topics
- Robbery With Violence, Mandatory Sentencing, Death Penalty, Judicial Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Julius Muriithi M'Maranya
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Legal Issues
- 1 Whether the sentence of death for robbery with violence under section 296(2) of the Penal Code is mandatory or discretionary.
- 2 Whether the appellate court has jurisdiction to impose a sentence other than death for robbery with violence.
Ratio Decidendi
The court held that, in light of the recent Court of Appeal decision overruling Godfrey Ngotho Mutiso v. Republic, the sentence of death for robbery with violence under section 296(2) of the Penal Code is mandatory. The appellate court therefore lacks jurisdiction to impose any sentence other than death, except in the case of minors as provided by section 25(2) of the Penal Code. The appeal, which challenged only the sentence, was found to be without merit and was dismissed accordingly.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CRIMINAL APPEAL NO. 6 OF 2013
(J.A MAKAU AND W. MUSYOKA JJ)
JULIUS MURIITHI M’MARANYA…..……APPELLANT
AND
REPUBLIC……………………………RESPONDENT
JUDGEMENT
The appellant was charged at the Tigania Senior Resident Magistrate’s Court in Criminal Case No. 149 of 2011 of robbery with violence contrary to section 296(2) of the Penal Code. He was convicted on 30th January 2013 by Hon. B Ochieng, Senior Principal Magistrate, of robbery with violence and sentenced to death.
The particulars of the charge were that on the 1st April 2009 at Buuri Location in Tigania East District within Meru County jointly with another not before court while armed with dangerous weapons namely pangas and clubs robbed Edward Thuranira of Kshs. 3000. 00, and immediately before the time of such robbery cut the said Edward Thuranira on his left hand and head using a panga causing grievous harm.
The appeal turned on the issue of sentence only. Mr Riungu for the appellant argued that in view of the decision in Godfrey Ngotho Mutiso vs. Republic (2010) eKLR, the sentence of death was no longer mandatory, but discretionary, and both the trial court and the appellate court had jurisdiction to consider other sentences. He invited us to do so.
The Court of Appeal recently pronounced itself on this matter, where a bench of five overruled the decision in GodfreyNgotho Mutiso vs. Republic and held that the penalty prescribed by the law for robbery with violence is mandatory death. None of the courts have jurisdiction to award any other sentence, except of course for the exception allowed for minors by section 25(2) of the Penal Code.
In view of that the appeal is not merited and is hereby dismissed.
J A MAKAU W MUSYOKA
JUDGE JUDGE
__________________________________________________
Dated, delivered and signed on this 3rd day of December, 2013.