[2024] KEHC 6298 (KLR)
The court found that the imposition of a mandatory life sentence for robbery with violence is unconstitutional, following the Court of Appeal's decision in Julius Kitsao Manyeso v Republic. The court also considered the applicant's mitigation, the period already served in custody, and the positive Sentence Review...
Source-derived case information.
- Citation
- [2024] KEHC 6298 (KLR)
- Parties
- Applicant: Patrick Muriuki Mwangania; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E104 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Sentence Review Ruling
- Outcome
- Life imprisonment set aside; substituted with 30 years imprisonment from July 9, 2010, last 3 years under probation supervision.
- Judges
- A. Ong’injo
- Legal Topics
- Robbery With Violence, Sentencing Review, Remand Period Credit, Mandatory Sentences, Probation Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick Muriuki Mwangania
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Sentence Review Ruling
Legal Issues
- 1 Whether the applicant's sentence should be reviewed in light of the period spent in remand and his mitigation.
- 2 Whether the mandatory life imprisonment sentence for robbery with violence is unconstitutional and should be substituted.
Ratio Decidendi
The court found that the imposition of a mandatory life sentence for robbery with violence is unconstitutional, following the Court of Appeal's decision in Julius Kitsao Manyeso v Republic. The court also considered the applicant's mitigation, the period already served in custody, and the positive Sentence Review Report. Consequently, the court set aside the life sentence and substituted it with a determinate term of 30 years imprisonment, effective from the date of first remand. The last three years of the sentence are to be served under probation supervision to facilitate reintegration and reduce the risk of recidivism.
Court Disposition
Life imprisonment set aside; substituted with 30 years imprisonment from July 9, 2010, last 3 years under probation supervision.
Orders
- Life imprisonment sentence is set aside.
- Applicant to serve 30 years imprisonment from July 9, 2010.
Full Case Text
Judgment text and source record
21 paragraphs
Mwangania v Republic (Miscellaneous Criminal Application E104 of 2023) [2024] KEHC 6298 (KLR) (30 May 2024) (Ruling)
Neutral citation: [2024] KEHC 6298 (KLR)
Republic of Kenya
In the High Court at Mombasa
Miscellaneous Criminal Application E104 of 2023
A. Ong’injo, J
May 30, 2024
Between
Patrick Muriuki Mwangania
Applicant
and
Republic
Respondent
Ruling
1. The applicant Patrick Muriuki Mwangania was charged and convicted for the offence of robbery with violence in Mombasa CMC Cr C No 2192 of 2010 then sentenced to life imprisonment. Hearing of the applicant’s appeal in Mombasa HC Cr A No. 97 of 2014 did not proceed for about 8 years because the lower court file could not be traced.
2. The applicant withdrew the appeal in Mombasa HC. Cr A. No. 97 of 2014 to pursue the application herein for review of his sentence.
3. The applicant now seeks that this court factors the remand period in his sentence and considers his mitigation as follows: -a.That he was a first offender.b.That he was aged 34 years at the time he committed the offence and showed remorse ahead of his sentence by the trial court.c.That he has been in the prison facility for a period of over 12 years with considerably good reputation.
4. The Sentence Review Report by Lynet Murrey, Probation Officer, Kisauni filed on 7th November 2023 was to the effect that the applicant is physically healthy with flexible schedule whenever he will be expected to work, the sister has offered to support him financially, and land is available to him for cultivation through his father. It is recommended that the court considers placing him on non-custodial sentence of 3 years probation under the supervision of Kiambu Probation Station.
5. In considered the Sentence Review Report, this court hereby sets aside the life imprisonment which has been declared unconstitutional in the Court of Appeal case of Julius Kitsao Manyeso v Republic [2020] eKLR where it was held that imposition of a mandatory indeterminate life sentence, is an unjustifiable discrimination, unfair and repugnant to the principle of equality before the law under Article 27 of the Constitution
6. To that end, life imprisonment is substituted with 30 years imprisonment to take effect from July 9, 2010 pursuant to Section 333(2) of the Criminal Procedure Code. The last 3 years of the sentence to be served under supervision of probation officer to ensure he does not relapse into crime.
DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS,THIS 30TH DAY OF MAY 2024HON. LADY JUSTICE A. ONG’INJO...................................JUDGEI certify that this is a true copy of the originalSignedDEPUTY REGISTRARIn the presence of: -Etropia- Court AssistantMr. Ngiri for the RespondentApplicant present in person