[2024] KEHC 15744 (KLR)
The High Court held that it has no legal basis to interfere with the sentence of life imprisonment imposed on the applicant, as the applicant had exhausted all appellate remedies and benefitted from presidential commutation. The court found itself functus officio, meaning it had no jurisdiction to revisit the...
Source-derived case information.
- Citation
- [2024] KEHC 15744 (KLR)
- Parties
- Applicant: Abdi Rahman Ali Osman; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Garissa
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E082 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Review
- Outcome
- application dismissed
- Judges
- JN Onyiego
- Legal Topics
- Robbery With Violence, Sentencing, Life Imprisonment, Presidential Prerogative of Mercy
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abdi Rahman Ali Osman
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Review
Legal Issues
- 1 Whether the High Court has jurisdiction to review a life sentence imposed after exhaustion of all appeals and presidential commutation.
- 2 Whether the sentence of life imprisonment is unconstitutional as inhuman and degrading in light of recent case law.
Ratio Decidendi
The High Court held that it has no legal basis to interfere with the sentence of life imprisonment imposed on the applicant, as the applicant had exhausted all appellate remedies and benefitted from presidential commutation. The court found itself functus officio, meaning it had no jurisdiction to revisit the matter. Although the applicant relied on the Manyeso case, which questioned the constitutionality of life imprisonment, the court emphasized that the statutory minimum penalty for robbery with violence remains the death penalty unless amended by Parliament. The court further cited the Supreme Court's affirmation of this position in Republic v Joshua Mwangi Gichuki. Consequently, the...
Court Disposition
application dismissed
Orders
- The application for review of sentence is dismissed.
Full Case Text
Judgment text and source record
21 paragraphs
Osman v Republic (Criminal Revision E082 of 2024) [2024] KEHC 15744 (KLR) (16 December 2024) (Ruling)
Neutral citation: [2024] KEHC 15744 (KLR)
Republic of Kenya
In the High Court at Garissa
Criminal Revision E082 of 2024
JN Onyiego, J
December 16, 2024
Between
Abdi Rahman Ali Osman
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged with the offence of robbery with violence contrary to section 296(2) of the penal court. Upon being found guilty, he was convicted and sentenced to death on 01-08-2000. He subsequently appealed against both the conviction and sentence to the high court. His appeal was dismissed and the sentence upheld. Undeterred, he moved to the court of appeal where again his appeal was dismissed. He however benefitted from presidential prerogative of mercy where his death penalty was commuted to life imprisonment.
2. He is now before this court seeking for leniency thus citing the case of Manyesov Republic criminal appeal No. 12 of 2021(2023) (Judgment) where the court of appeal held life sentence to be degrading and inhuman in so far it holds somebody in prison indefinitely.
3. In response, the state represented by Mr. Okemwa opposed the application arguing that the court is functus officio the same having pronounced itself on the same subject.
4. I have considered the application herein and the response herein. There is no dispute that the applicant was sentenced to death on the offence of robbery with violence. It is also not in dispute that the applicant has exhausted his available remedies on appeal including the presidential amnesty. He is however relying on the Manyeso case(supra) to argue that the sentence of life imprisonment which is indeterminate is inhuman and degrading.
5. Although the Manyeso case held that life imprisonment was inhuman and degrading, the minimum statutory penalty imposed by law is the death penalty. Unless and until amended by the legislature, the same shall remain to be the lawful and legal position. This position was held by the supreme court in the case of Republic vs Joshua Mwangi Gichuki Petition No. E018 of 2023.
6. In a nut shell, I do not find any legal basis upon which this court can interfere with the sentence imposed and confirmed by superior courts. To that extent, I agree with the prosecution that the application is not merited as this court is functus officio. Accordingly, the application is dismissed.
DATED, SIGNED AND DELIVERED VIRTUALLY THIS 16TH DAY OF DECEMBER 2024J. N. ONYIEGOJUDGE