[2020] KEHC 7176 (KLR)
The court found that the petitioner had already served 21 years in prison for the offences of robbery with violence and assault causing actual bodily harm. Taking into account that no one was killed during the commission of the offence, the petitioner's profession as a welder, and the fact that he had atoned for his...
Source-derived case information.
- Citation
- [2020] KEHC 7176 (KLR)
- Parties
- Petitioner: Mohamed Sharabati; Respondent: The Director of Public Prosecutions
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Petition 106 of 2018
- Procedural Posture
- Constitutional Petition / Ruling on Resentencing After Conviction
- Outcome
- petition for resentencing allowed; petitioner resentenced to period already served and released
- Judges
- DO Ogembo
- Legal Topics
- Resentencing, Robbery With Violence, Assault Causing Actual Bodily Harm
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mohamed Sharabati
Petitioner
The Director of Public Prosecutions
Respondent
Procedural Posture
Constitutional Petition / Ruling on Resentencing After Conviction
Legal Issues
- 1 Whether the petitioner should be resentenced after serving 21 years for robbery with violence and assault causing actual bodily harm.
- 2 Whether the time already served by the petitioner is sufficient punishment given the circumstances of the offence.
Ratio Decidendi
The court found that the petitioner had already served 21 years in prison for the offences of robbery with violence and assault causing actual bodily harm. Taking into account that no one was killed during the commission of the offence, the petitioner's profession as a welder, and the fact that he had atoned for his crime, the court determined that the period already served was sufficient punishment. The court therefore resentenced the petitioner to 21 years imprisonment, which he had already served, and ordered his immediate release unless otherwise lawfully held.
Court Disposition
petition for resentencing allowed; petitioner resentenced to period already served and released
Orders
- The petitioner is sentenced to 21 years imprisonment, which he has already served.
- The petitioner is set free unless otherwise lawfully held.
Full Case Text
Judgment text and source record
25 paragraphs
THE REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CONSTITUTIONAL AND HUMAN RIGHTS DIVISION
PETITION NO. 106 OF 2018
MOHAMED SHARABATI.............................................. PETITIONER
VERSUS
THE DIRECTOR OF PUBLIC PROSECUTIONS.....RESPONDENT
Before Hon. Justice E. Ogola
Court Assistant Kaunda
Ms. Ogega for State
Petitioner in person
Ms. Ogega:
RULING
The Petitioner was charged and convicted with two offences of robbery with violence and assault causing actual bodily harm.
The Petitioner together with others was armed with pangas, arrows and stones and robbed the complainant of Kshs. 7,000/=. They attacked the complainant with a panga and cut his hand. He was found guilty and sentenced to death. He has served 21 years in prison. He is 48 years. I pray that he be sentenced to 25 years in prison including the time served.
Petitioner:
I have nothing to say.
HON. E. OGOLA
JUDGE
Court:
The Petitioner has nothing to say. However, he was spent 21 years in jail. The Petitioner has atoned for his crime. Nobody was killed in the process. He is a welder. If released, he will continue with his profession. I therefore jail the Petitioner to a term of 21 years which he has already served. He is therefore set free unless lawfully held.
HON. E. OGOLA
JUDGE
09/03/2020