[2020] KEHC 9489 (KLR)
The court found that, following the Supreme Court's guidance in Muruatetu, the mandatory death sentence for robbery with violence is not absolute and courts have discretion to impose an appropriate sentence. The Petitioner had served 23 years, demonstrated remorse, and shown evidence of rehabilitation through...
Source-derived case information.
- Citation
- [2020] KEHC 9489 (KLR)
- Parties
- Appellant: Mohamed Ali Ringi; Respondent: Director of Public Prosecution
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Petition 20 of 2018
- Procedural Posture
- Constitutional Petition / Judgment
- Outcome
- petition allowed in part; death sentence set aside; Petitioner released unless otherwise lawfully held
- Judges
- DO Ogembo
- Legal Topics
- Resentencing, Robbery With Violence, Mandatory Sentences, Mitigation, Rehabilitation, Sentencing Guidelines
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mohamed Ali Ringi
Appellant
Director of Public Prosecution
Respondent
Procedural Posture
Constitutional Petition / Judgment
Legal Issues
- 1 Whether the Petitioner is entitled to resentencing following the Supreme Court decision in Francis Karioko Muruatetu v. Republic.
- 2 What is the appropriate sentence for the Petitioner considering the circumstances and period already served.
Ratio Decidendi
The court found that, following the Supreme Court's guidance in Muruatetu, the mandatory death sentence for robbery with violence is not absolute and courts have discretion to impose an appropriate sentence. The Petitioner had served 23 years, demonstrated remorse, and shown evidence of rehabilitation through positive conduct and acquisition of skills in prison. Considering the mitigating factors, the period already served, and the need for consistency with similar cases, the court set aside the death sentence and substituted it with a custodial sentence equivalent to the time already served. The sentences for counts 2 and 3 were confirmed to run concurrently. The Petitioner was ordered...
Court Disposition
petition allowed in part; death sentence set aside; Petitioner released unless otherwise lawfully held
Orders
- The death sentence imposed on the Petitioner is set aside and substituted with a term equivalent to that already served.
- Sentences in counts 2 and 3 (1 year each or Kshs. 20,000 fine in default) are confirmed to run concurrently.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MOMBASA
CONSTITUTIONAL AND HUMAN RIGHTS DIVISION
PETITION NO. 20 OF 2018
MOHAMED ALI RINGI..............................................................PETITIONER
VERSUS
DIRECTOR OF PUBLIC PROSECUTION.............................RESPONDENT
JUDGMENT
1. The Petitioner herein seeks a resentencing pursuant to the Supreme Court decision in Francis Karioko Muruatetu vs. Republic [2017] eKLR.
2. The Petitioner committed a robbery at Wasini Restaurant while armed with a 9mm Baretta pistol and in the process stole Kshs. 27,000/=. He was tried, convicted, and sentenced for the offence of robbery with violence in the Mombasa Chief Magistrate Court Criminal Case No. 1846 of 1996. The Court of Appeal after hearing his Appeal sentenced him on count 1 to death and kept counts 2 and 3 of in abeyance. He has been in jail for 23 years.
3. Mr. Fedha for the prosecution prays for a definite sentence of 25 years including years served due to the circumstances surrounding the Petitioner’s charge.
4. The Petitioner submitted that he was a first offender and that he is very remorseful, he has reformed and greatly regrets committing the offence.
5. The aim of punishment is community protection, deterrence, retribution, rehabilitation, restorative Justice, and reformation. The Petitioner has served 23 years in prison. I have considered The Sentencing Policy Guidelines, 2016and its application, which is intended to promote transparency, consistency, and fairness in sentencing (See Michael Kathewa Laichena & another vS. Republic [2018] eKLR).
6. His Prison’s Progress Report indicates that he is not a first offender but he has undergone guidance and counselling, he is well behaved, he has been taught to manage stress and he has undertaken and acquired grade 3,2 and 1 carpentry skill while in prison.
7. I have considered judgments of Superior Courts that are intended to ensure consistency and fairness. In the case of Wycliffe Wangusi Mafura vs. Republic ELD CA Criminal Appeal No. 22 of 2016 [2018] eKLR, the Court of Appeal imposed a sentence of 20 years where the appellant was involved in robbing an Mpesa shop with the use of a firearm with which he threatened the attendant but was caught before he inflicted any violence on her.
8. I have carefully considered the petition and submissions of parties, and relevant judicial authorities on resentencing for similar offences committed by the Petitioner. I have also considered mitigating and aggravating factors, the fact that the Petitioner has undertaken a course in carpentry as a way of reformation. It is indeed in the consideration of above premises that I now set aside the death sentence imposed on the Petitioner and substitute there for a term equivalent to that already served by the Petitioner. I also confirm sentences in counts 2 and 3 where he was jailed for 1 year each by the trial court or in default a fine of Kshs. 20,000. These sentences shall run concurrently.
9. The result is that the Petitioner is forthwith released from prison unless otherwise lawfully held.
10. That is the Judgment of the Court.
Dated, Signed and Delivered at Mombasa this 30th day of March 2020.
E. K. OGOLA
JUDGE
In the presence of:
Petitioner in person via video link
Ms. Mwangeka for DPP
Mr. Kaunda Court Assistant