[2019] KEHC 2751 (KLR)
The court found that the Petitioner, having served more than 15 years in custody, is now 80 years old, sickly, and has demonstrated remorse and rehabilitation. The court determined that continued incarceration would not serve the interests of justice or public safety, and that the death sentence previously imposed...
Source-derived case information.
- Citation
- [2019] KEHC 2751 (KLR)
- Parties
- Applicant: Norman Wachira Ngobia; Respondent: Director of Public Prosecution
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Petition 49 of 2019
- Procedural Posture
- Constitutional Petition / Sentence Review
- Outcome
- death sentence set aside and substituted with 15 years imprisonment; Petitioner released for time served
- Judges
- DO Ogembo
- Legal Topics
- Sentencing Review, Death Sentence Substitution, Remorse and Rehabilitation, Mitigating Circumstances
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Norman Wachira Ngobia
Applicant
Director of Public Prosecution
Respondent
Procedural Posture
Constitutional Petition / Sentence Review
Legal Issues
- 1 Whether the death sentence imposed on the Petitioner should be set aside and substituted with a lesser sentence in light of his age, remorsefulness, and time served.
- 2 Whether the Petitioner's continued incarceration serves the interests of justice given his advanced age, health, and demonstrated rehabilitation.
Ratio Decidendi
The court found that the Petitioner, having served more than 15 years in custody, is now 80 years old, sickly, and has demonstrated remorse and rehabilitation. The court determined that continued incarceration would not serve the interests of justice or public safety, and that the death sentence previously imposed should be set aside and substituted with a term of fifteen years. As the Petitioner had already served more than the substituted sentence, he was ordered released unless otherwise lawfully held.
Court Disposition
death sentence set aside and substituted with 15 years imprisonment; Petitioner released for time served
Orders
- The death sentence imposed on the Petitioner is set aside and substituted with a term of fifteen (15) years imprisonment.
- Having served more than 15 years, the Petitioner is hereby released unless lawfully held.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CONSTITUTIONAL AND HUMAN RIGHTS DIVISION
PETITION NO. 49 OF 2019
NORMAN WACHIRA NGOBIA..................................................................PETITIONER
VERSUS
DIRECTOR OF PUBLIC PROSECUTION..............................................RESPONDENT
06/11/2019
Before Hon. Justice E. Ogola
Court Assistant Kaunda
Mr. Fedha for DPP
Petitioner in person
Mr. Fedha:
ON 25. 10. 2004 the Petitioner had a domestic dispute with one of his two wives in Mpeketoni. That dispute was a provocation of the wife due to the presence of a co-wife. Issue was who among the two wives was to cut grass for the domestic animals.
The Petitioner took a knife and a piece of wood and attacked the deceased on stomach, head and neck causing injuries which led to death. The offence was committed during the day in full view of his children of tender age. A life was lost.
Petitioner is 80 years and has been in custody for 16 years. He is remorseful. Taking his age and remorsefulness and his sickness and his work as elder in prison I pray that the 16 years he has served in prison is enough and he may be released. That is all.
E. K. OGOLA
JUDGE
Petitioner:
I agree with the state submissions. I was arrested when I was 60 years. Now I am almost 80. I have reformed. My family is in Court and they are willing to accept me. I pray that I be released.
E. K. OGOLA
JUDGE
Court:
I have carefully considered the submissions of both parties. The Petitioner is 80 years old. He is also sickly. He was involved in a domestic brawl which unfortunately led to the death of his wife. I am satisfied that he is remorseful. At his age he is not a threat to society.
Accordingly, I now set aside the death sentence imposed on the Petitioner and substitute therefore term of fifteen (15) years. Having served more than 15 years the Petitioner is hereby released unless lawfully held.
E. K. OGOLA
JUDGE
06/11/2019