[2019] KEHC 305 (KLR)
The court found that, in light of recent legal developments, particularly the Supreme Court's decision in Muruatetu, the mandatory nature of the death sentence for robbery with violence is unconstitutional to the extent that it deprives the accused of the right to mitigation. The petitioner, having demonstrated...
Source-derived case information.
- Citation
- [2019] KEHC 305 (KLR)
- Parties
- Petitioner: Nichodemus Osoro Meda; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Petition 8 of 2018
- Procedural Posture
- Criminal Petition / Sentence Review
- Outcome
- sentence reviewed and substituted
- Judges
- DN Musyoka
- Legal Topics
- Robbery With Violence, Mandatory Sentencing, Sentence Review, Mitigation, Death Penalty, Reform and Remorse
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nichodemus Osoro Meda
Petitioner
Republic
Respondent
Procedural Posture
Criminal Petition / Sentence Review
Legal Issues
- 1 Whether the mandatory death sentence for robbery with violence should be reviewed in light of recent legal developments.
- 2 Whether the petitioner should be given an opportunity for mitigation and resentencing.
Ratio Decidendi
The court found that, in light of recent legal developments, particularly the Supreme Court's decision in Muruatetu, the mandatory nature of the death sentence for robbery with violence is unconstitutional to the extent that it deprives the accused of the right to mitigation. The petitioner, having demonstrated remorse and reformation, and considering the circumstances of the offence and the need for proportionality in sentencing, is entitled to a review of his sentence. The court substituted the death penalty with a term of twenty years' imprisonment, reckoned from the original date of sentencing.
Court Disposition
sentence reviewed and substituted
Orders
- The death sentence imposed on the petitioner in Kakamega CMCCRC No. 1023 of 2000 is set aside.
- The petitioner is sentenced to twenty (20) years imprisonment, to run from 20th February 2003.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
CRIMINAL PETITION NO. 8 OF 2018
NICHODEMUS OSORO MEDA….………………............….PETITIONER
VERSUS
REPUBLIC…………………………….….…..……..…….…RESPONDENT
RULING
1. The petitioner herein had been convicted in Kakamega CMCCRC No. 1023 of 2000 of robbery with violence and was sentenced to death. His appeals to the High Court and the Court of Appeal, in Kakamega HCCRA No. 40 of 2003 and Kisumu CACRA No. 455 of 2008, were dismissed.
2. He has now come back to court asking a re-hearing with respect to sentence. No doubt this was prompted by the recent developments in the Kenyan law with respect to mandatory sentences.
3. The sentence prescribed in law for robbery with violence is mandatory death. For that reason when the petitioner were convicted on 20th February 2003 they were not given an opportunity to mitigate, as such mitigation would have made no difference.
4. The probation office reports that the petitioner is deeply remorseful and regrets the time he has spent in jail. He is said to be hardworking and respectful. The record reflects that the petitioner committed several acts of violent robbery against several individuals. He and his accomplices were armed, and their victims were hurt and lost property. Law and order demands that society should be afforded safety from violent individuals who have no qualms to violently rob instead of working hard like their victims. That is why such individuals are kept away from society. I am told that the petitioner has leant his lessons and reformed.
5. In view of the above, I hereby review the sentence that was pronounced against the petitioner by the trial court in Kakamega CMCCRC No. 1023 of 2000, the death penalty, and I do hereby substitute the said sentence with a sentence of twenty (20) years imprisonment. The said sentence shall reckon from the 20th February 2003.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 20TH DAY OF DECEMBER, 2019
W. MUSYOKA
JUDGE