[2020] KEHC 7297 (KLR)
The court held that, pursuant to the Supreme Court decision in Francis Kariuki and another, the mandatory death sentence for murder is unconstitutional. The court is required to consider mitigation and the period spent in remand or jail when resentencing. Applying these principles, the court resentenced the...
Source-derived case information.
- Citation
- [2020] KEHC 7297 (KLR)
- Parties
- Applicant: Peter Getenge Oeri; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Constitutional Petition 4 of 2019
- Procedural Posture
- Constitutional Petition / Resentencing Ruling
- Outcome
- Applicant resentenced to 15 years' imprisonment from the date of original sentence.
- Judges
- REA Ougo
- Legal Topics
- Murder Sentencing, Resentencing, Death Penalty, Remand Period Credit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Getenge Oeri
Applicant
Republic
Respondent
Procedural Posture
Constitutional Petition / Resentencing Ruling
Legal Issues
- 1 Whether the applicant is entitled to resentencing following the Supreme Court decision in Francis Kariuki and another Petition No. 27 of 2017.
- 2 Whether the period spent in remand and mitigation should be considered in resentencing.
Ratio Decidendi
The court held that, pursuant to the Supreme Court decision in Francis Kariuki and another, the mandatory death sentence for murder is unconstitutional. The court is required to consider mitigation and the period spent in remand or jail when resentencing. Applying these principles, the court resentenced the applicant to 15 years' imprisonment from the date of the original sentence, taking into account the time already served and the applicant's mitigation.
Court Disposition
Applicant resentenced to 15 years' imprisonment from the date of original sentence.
Orders
- The applicant is resentenced to serve 15 years’ imprisonment from the date he was sentenced by the High Court.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KISII
CONST. PETITION APPLICATION NO.4 OF 2019
PETER GETENGE OERI......APPLICANT
VERSUS
REPUBLIC........................RESPONDENT
RULING
1. As per the judgment delivered on the 31stJanuary 2013 the applicant was found guilty of murder and sentenced to death as per the provisions of the law. Bearing in mind the Supreme Court decision in the case of Francis Kariuki and another Petition No. 27 of 2017 the period spent in remand and jail and mitigation. I hereby resentence the applicant. He is sentenced to serve 15 years’ imprisonment from the date he was sentenced by the High Court.
Dated,signed and delivered at Kisiithis 14thof February, 2020.
R.E. OUGO
JUDGE
In the presence of;
Applicant In person
Mr. Otieno Senior Prosecution Counsel Office of the DPP
Ms. Rael Court Assistant