[2024] KEHC 565 (KLR)
The court found that the mandatory life sentence imposed on the applicant for robbery with violence was unconstitutional, following the Supreme Court's decision in Francis Muruatetu and subsequent High Court authorities. The court exercised its discretion to set aside the life sentence and substituted it with a...
Source-derived case information.
- Citation
- [2024] KEHC 565 (KLR)
- Parties
- Applicant: Ali Kombo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E111 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Sentence Review Ruling
- Outcome
- Life sentence set aside and substituted with 25 years imprisonment; remainder to be served under probation supervision with community sensitization obligations.
- Judges
- A. Ong’injo
- Legal Topics
- Robbery With Violence, Sentence Review, Constitutionality of Life Sentence, Probation Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ali Kombo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Sentence Review Ruling
Legal Issues
- 1 Whether the life sentence imposed on the applicant for robbery with violence is unconstitutional in light of recent jurisprudence.
- 2 Whether the applicant is entitled to a review and reduction of sentence.
Ratio Decidendi
The court found that the mandatory life sentence imposed on the applicant for robbery with violence was unconstitutional, following the Supreme Court's decision in Francis Muruatetu and subsequent High Court authorities. The court exercised its discretion to set aside the life sentence and substituted it with a determinate term of 25 years imprisonment, taking into account the applicant's age, the period already served (14 years), and the need for rehabilitation. The court further ordered that the remainder of the sentence be served under the supervision of a probation officer, with additional requirements for community sensitization, reflecting a shift towards restorative justice and...
Court Disposition
Life sentence set aside and substituted with 25 years imprisonment; remainder to be served under probation supervision with community sensitization obligations.
Orders
- The life sentence imposed on the applicant is set aside.
- The applicant is sentenced to 25 years imprisonment, with the remainder to be served under supervision of the Probation Officer at Likoni Subcounty.
Full Case Text
Judgment text and source record
19 paragraphs
Kombo v Republic (Miscellaneous Criminal Application E111 of 2023) [2024] KEHC 565 (KLR) (25 January 2024) (Ruling)
Neutral citation: [2024] KEHC 565 (KLR)
Republic of Kenya
In the High Court at Mombasa
Miscellaneous Criminal Application E111 of 2023
A. Ong’injo, J
January 25, 2024
Between
Ali Kombo
Applicant
and
Republic
Respondent
Ruling
1. The applicant Ali Kombo was charged and convicted for committing the offence of robbery with violence in Mombasa CMC CR. Case No. 1940 OF 2009. He was sentenced to suffer death but the death sentence was subsequently committed to life imprisonment. He was sentenced on 22nd December 2009.
2. The Applicant preferred appeal against conviction and sentence in Mombasa High Court CR. Appeal No. 284 of 2009 but the lower court file was never traced. He then opted to withdraw the appeal and seek the courts intervention to review his sentence.
3. This court called for sentence review report and from it, it is indicated that the applicant has served 14 years. The applicant is now 38 years old. In consideration of the holding in Francis Muruatetu Petition – Phillip Mueki Petition in High Court at Machakos and Julius Kitsao Manyeso appeal in Malindi this court finds that the life sentence the applicant is serving is unconstitutional and is hereby set aside. The same is substituted with 25 years imprisonment which remainder period should serve under supervision of Probation Officer at Likoni Subcounty.
4. During period of 2 years while under Probation applicant is hereby ordered to attend to atleast one chiefs baraza and sensitize the members of public on consequences of involving oneself in crime. The probation officer to keep data of such attendances and file with court at the end of the period.
DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS,THIS 25TH DAY OF JANUARY 2024HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Etropia - Court AssistantMr. Ngiri for the RespondentApplicant - Present in personHON. LADY JUSTICE A. ONG’INJOJUDGE