[2019] KEHC 4387 (KLR)

[2019] KEHC 4387 (KLR)

The court considered the length of time the petitioner had already served in custody (13 years) in relation to the offence committed (robbery involving Kshs. 18,500 and injury to the victim). Taking into account the period served and the circumstances, the court found it just to resentence the petitioner to the term already served, thereby ordering his release unless otherwise lawfully held.

Citation
[2019] KEHC 4387 (KLR)
Parties
Applicant: Moses Gitonga Kimani; Respondent: Director of Public Prosecutions (DPP) / Republic
Court
High Court
Court Station
High Court at Meru
Jurisdiction
Kenya
Judgment Date
19 September 2019
Case Number
Criminal Petition 172 of 2018
Procedural Posture
Criminal Petition / Sentencing
Outcome
Petition allowed; petitioner resentenced to period already served.
Judges
A Mabeya
Legal Topics
Resentencing, Robbery With Violence, Sentence Reduction
Source Language
English
Criminal Law Resentencing Robbery With Violence Sentence Reduction

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Parties

Moses Gitonga Kimani

Applicant

Director of Public Prosecutions (DPP) / Republic

Respondent

Procedural Posture

Criminal Petition / Sentencing

Legal Issues

  1. 1 Whether the period already served by the petitioner should be considered in resentencing.
  2. 2 Whether the petitioner should be released based on time served.

Ratio Decidendi

The court considered the length of time the petitioner had already served in custody (13 years) in relation to the offence committed (robbery involving Kshs. 18,500 and injury to the victim). Taking into account the period served and the circumstances, the court found it just to resentence the petitioner to the term already served, thereby ordering his release unless otherwise lawfully held.

Court Disposition

Petition allowed; petitioner resentenced to period already served.

Orders

  • The petitioner is resentenced to the term already served.
  • The petitioner is to be set at liberty unless otherwise lawfully held.