[2020] KEHC 7578 (KLR)
The court found that the mandatory death sentence imposed on the applicant for robbery with violence was unconstitutional in light of the Supreme Court's decision in Muruatetu. The court considered the circumstances of the case as outlined in the Court of Appeal judgment and the applicant's mitigating factors....
Source-derived case information.
- Citation
- [2020] KEHC 7578 (KLR)
- Parties
- Applicant: Paul Mwita Robi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Constitutional Petition 87 of 2019
- Procedural Posture
- Constitutional Petition / Resentencing Application
- Outcome
- Death sentence set aside; applicant resentenced to 20 years imprisonment from date of original sentence.
- Judges
- REA Ougo
- Legal Topics
- Robbery With Violence, Death Sentence, Resentencing, Constitutional Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Mwita Robi
Applicant
Republic
Respondent
Procedural Posture
Constitutional Petition / Resentencing Application
Legal Issues
- 1 Whether the mandatory death sentence for robbery with violence is unconstitutional in light of the Supreme Court decision in Muruatetu.
- 2 Whether the applicant is entitled to resentencing based on the new jurisprudence.
Ratio Decidendi
The court found that the mandatory death sentence imposed on the applicant for robbery with violence was unconstitutional in light of the Supreme Court's decision in Muruatetu. The court considered the circumstances of the case as outlined in the Court of Appeal judgment and the applicant's mitigating factors. Applying the principles from Muruatetu, the court set aside the death sentence and substituted it with a term of 20 years imprisonment, to run from the date of the original sentence by the trial court. The applicant was informed of his right to appeal within 14 days.
Court Disposition
Death sentence set aside; applicant resentenced to 20 years imprisonment from date of original sentence.
Orders
- The death sentence passed on the applicant is set aside.
- The applicant is sentenced to 20 years imprisonment to run from the date of sentence by the trial court.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KISII
CONST. PETITION NO.87 OF 2019
PAUL MWITA ROBI........APPLICANT
-VERSUS-
REPUBLIC...................RESPONDENT
RULING
The applicant Paul Mwita Robi was charged with the robbery with violence in 2006. He was sentence to death. The death sentence was upheld by the High Court and the Court of Appeal too in 2020.
In his application filed on the 16/8/2018 he seeks resentencing in light of the Supreme Court decision in Francis Karioko Muruatetu and 2 others versus Republic [2017] eKLR. The death sentence meted on the applicant and affirmed by the High Court and Court of Appeal is unconstitutional.
I have considered the circumstance of the case as stated in the Court of Appeal judgment and the applicant’s mitigating facts.
Bearing in mind the decision in the Muruatetu case. I set aside the death sentence passed on the applicant and substitute it with a sentence of 20 years to run from the date of sentence by the trial court. The applicant has a right of appeal within 14 days.
Dated, signed and delivered at Kisii this2nd day ofMarch,2020.
R.E. OUGO
JUDGE
In the presence of;
Applicant Paul Mwita Robi
Mr. Kaba For the applicant
Mr. Otieno Senior Prosecution Counsel office of the DPP
Ms. Rael Court Clerk