[2018] KEHC 4457 (KLR)

[2018] KEHC 4457 (KLR)

The court held that the mandatory death sentence for robbery with violence is unconstitutional in light of the Supreme Court's decision in Muruatetu, and that sentencing must be discretionary, taking into account the offender's mitigation and prospects for rehabilitation. The court rejected the petitioner's claim for acquittal based on the complainant's affidavit, finding it to be an afterthought and not credible new evidence as required under Article 50(6) of the Constitution, especially since the complainant was unavailable for cross-examination and the evidence was not presented during prior appeals. However, the court found that the petitioner had demonstrated significant reformation,...

Citation
[2018] KEHC 4457 (KLR)
Parties
Appellant: Moses Odongo Odinga; Respondent: Republic
Court
High Court
Court Station
High Court at Siaya
Jurisdiction
Kenya
Judgment Date
31 August 2018
Case Number
Constitutional Petition 6 of 2018
Procedural Posture
Constitutional Petition / Judgment on Petition for Re Sentencing Following Supreme Court Decision
Outcome
life sentence set aside; substituted with 15 years imprisonment from date of first arraignment
Judges
RE Aburili
Legal Topics
Resentencing, Robbery With Violence, Mandatory Sentencing, New Evidence, Rehabilitation, Mitigation
Source Language
English
Criminal Law Resentencing Robbery With Violence Mandatory Sentencing New Evidence Rehabilitation Mitigation

Case Brief

Summary, issues, holding and outcome

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Parties

Moses Odongo Odinga

Appellant

Republic

Respondent

Procedural Posture

Constitutional Petition / Judgment on Petition for Re Sentencing Following Supreme Court Decision

Legal Issues

  1. 1 Whether the mandatory death sentence for robbery with violence is unconstitutional and subject to judicial discretion in sentencing.
  2. 2 Whether the affidavit by the complainant exonerating the petitioner constitutes new evidence warranting acquittal under Article 50(6) of the Constitution.
  3. 3 Whether the petitioner is entitled to a reduced or non-custodial sentence based on reformation and time served.

Ratio Decidendi

The court held that the mandatory death sentence for robbery with violence is unconstitutional in light of the Supreme Court's decision in Muruatetu, and that sentencing must be discretionary, taking into account the offender's mitigation and prospects for rehabilitation. The court rejected the petitioner's claim for acquittal based on the complainant's affidavit, finding it to be an afterthought and not credible new evidence as required under Article 50(6) of the Constitution, especially since the complainant was unavailable for cross-examination and the evidence was not presented during prior appeals. However, the court found that the petitioner had demonstrated significant reformation,...

Court Disposition

life sentence set aside; substituted with 15 years imprisonment from date of first arraignment

Orders

  • The life sentence imposed on the petitioner is set aside.
  • The petitioner is sentenced to 15 years imprisonment to run from the date of first arraignment in Siaya RM Cr. Case No. 272 of 2007.