[2020] KEHC 6611 (KLR)

[2020] KEHC 6611 (KLR)

The court found that, following the Supreme Court's decision in Francis K. Muruatetu and subsequent superior court decisions, the mandatory nature of the death sentence under Section 296(2) of the Penal Code is unconstitutional. As a result, the applicant, who was sentenced to death under this provision, is entitled...

Source-derived case information.

Citation
[2020] KEHC 6611 (KLR)
Parties
Applicant: Mohamed Noor Hussein; Respondent: Republic
Court
High Court
Court Station
High Court at Garissa
Jurisdiction
Kenya
Case Number
Miscellaneous Criminal Application 37 of 2018
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application to Set Aside Mandatory Death Sentence
Outcome
application allowed; death sentence set aside; matter referred for resentencing
Judges
CM Kariuki
Legal Topics
Robbery With Violence, Mandatory Sentencing, Death Penalty, Constitutional Rights
Source Language
en
Criminal Law Robbery With Violence Mandatory Sentencing Death Penalty Constitutional Rights

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Summary, issues, holding and outcome

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Parties

Mohamed Noor Hussein

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Application to Set Aside Mandatory Death Sentence

Legal Issues

  1. 1 Whether the mandatory death sentence for robbery with violence under Section 296(2) of the Penal Code is unconstitutional in light of recent Supreme Court decisions.
  2. 2 Whether the applicant is entitled to resentencing following the Supreme Court's decision in Francis K. Muruatetu.

Ratio Decidendi

The court found that, following the Supreme Court's decision in Francis K. Muruatetu and subsequent superior court decisions, the mandatory nature of the death sentence under Section 296(2) of the Penal Code is unconstitutional. As a result, the applicant, who was sentenced to death under this provision, is entitled to have the sentence set aside and to be resentenced. Since the prosecution did not oppose the application, the court set aside the death sentence and referred the matter to the Chief Magistrate at Garissa for appropriate sentencing.

Court Disposition

application allowed; death sentence set aside; matter referred for resentencing

Orders

  • The death sentence in Criminal Case No. 804/03 is set aside.
  • The matter is referred to the Chief Magistrate Garissa for sentencing.