[2018] KEHC 1401 (KLR)
The court, having affirmed the convictions for robbery with violence, recognized that the mandatory death penalty is unconstitutional. In exercising sentencing discretion, the court considered the appellants' status as first offenders, their remorse, their mitigation, and the period already spent in custody. The...
Source-derived case information.
- Citation
- [2018] KEHC 1401 (KLR)
- Parties
- Appellant: Michael Leparan Keni; Appellant: Stephen Rauta Pesi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 2 of 2014
- Procedural Posture
- Criminal Appeal / Sentencing After Conviction Affirmed
- Outcome
- conviction affirmed; sentence substituted
- Legal Topics
- Robbery With Violence, Sentencing Principles, Unconstitutionality of Mandatory Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Michael Leparan Keni
Appellant
Stephen Rauta Pesi
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Sentencing After Conviction Affirmed
Legal Issues
- 1 Whether the mandatory death sentence for robbery with violence is constitutional.
- 2 What is the appropriate sentence for the appellants after the mandatory penalty was declared unconstitutional.
Ratio Decidendi
The court, having affirmed the convictions for robbery with violence, recognized that the mandatory death penalty is unconstitutional. In exercising sentencing discretion, the court considered the appellants' status as first offenders, their remorse, their mitigation, and the period already spent in custody. The court determined that a sentence of twelve years' imprisonment on each count, to run concurrently and backdated to the date of first arraignment, was appropriate and proportionate in the circumstances.
Court Disposition
conviction affirmed; sentence substituted
Orders
- The appellants are sentenced to twelve (12) years imprisonment on Count I and III.
- Each sentence shall run concurrently.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL APPEAL NO. 2 OF 2014
BETWEEN
MICHAEL LEPARAN KENI..................1ST APPELLANT
STEPHEN RAUTA PESI.........................2ND APPELLANT
VERSUS
REPUBLIC....................................................RESPONDENT
(Being an appeal from the original conviction and sentence of Hon. A.K Mokoross, SRM dated 18th June 2014 at the Senior Resident Magistrate’s Court at Kilgoris in Criminal Case No. 409 of 2013)
RULING ON SENTENCE
The appellants were convicted on two counts of robbery with violence and sentenced to death. I have now affirmed their respective convictions but am called upon to sentence them in view of the fact that the mandatory penalty was declared unconstitutional.
I have noted that they are first offenders, they are remorseful and plead for leniency. I have also taken into account what they stated in mitigation before the trial court. The appellants have also been in custody since the time they were arraigned in court on 13th June 2013.
I accordingly sentence the appellants MICHAEL LEPARAN KENI and STEPHEN RAUTA PESI to twelve (12) years imprisonment on Count I and III. Each sentence shall run concurrently and shall be deemed to commence on 13th June 2013.
Right of Appeal explained.
Sentencepronounced in open court this 4thday of December, 2018.
D.S MAJANJA
JUDGE
Mr. Otieno, Prosecution Counsel, instructed by Office of Director of Prosecutions.
Mr. Bigogo for the Appellant.