[2021] KEHC 1048 (KLR)
The court held that following the Supreme Court's decision in Muruatetu, the mandatory death sentence for murder is unconstitutional and the petitioner is entitled to resentencing. In exercising this discretion, the court considered the period already served in custody, the lack of evidence of rehabilitation, and...
Source-derived case information.
- Citation
- [2021] KEHC 1048 (KLR)
- Parties
- Appellant: Philip Muriuki Ambao; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Petition E011 of 2021
- Procedural Posture
- Criminal Petition / Resentencing After Appeal Dismissed
- Outcome
- Petition for resentencing allowed; death sentence set aside and substituted with fifteen years' imprisonment from date of conviction.
- Judges
- TW Cherere
- Legal Topics
- Murder Sentencing, Resentencing Jurisprudence, Mandatory Death Penalty, Remorse and Rehabilitation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Philip Muriuki Ambao
Appellant
Republic
Respondent
Procedural Posture
Criminal Petition / Resentencing After Appeal Dismissed
Legal Issues
- 1 Whether the petitioner is entitled to resentencing following the Supreme Court decision declaring the mandatory death sentence unconstitutional.
- 2 Whether the period already served in custody should be considered in determining the appropriate sentence.
- 3 Whether the petitioner's remorse and lack of evidence of reformation should affect the sentence imposed.
Ratio Decidendi
The court held that following the Supreme Court's decision in Muruatetu, the mandatory death sentence for murder is unconstitutional and the petitioner is entitled to resentencing. In exercising this discretion, the court considered the period already served in custody, the lack of evidence of rehabilitation, and the petitioner's expression of remorse. The court found that a sentence of fifteen years' imprisonment from the date of conviction was appropriate, balancing the gravity of the offence with the need for rehabilitation and the time already served.
Court Disposition
Petition for resentencing allowed; death sentence set aside and substituted with fifteen years' imprisonment from date of conviction.
Orders
- The petitioner is resentenced to fifteen (15) years' imprisonment from 07th June, 2012.
- The period already served in custody shall be taken into account.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
(CORAM: CHERERE- J.)
CRIMINAL PETITION NO. E011 OF 2021
BETWEEN
PHILIP MURIUKI AMBAO....................................................................PETITIONER
AND
REPUBLIC.............................................................................................RESPONDENT
JUDGMENT
1) Petitioner was on 07th June, 2012 sentenced to suffer death for the offfence of murder. His appeal to the Court of Appeal vide Philip Kariuki Ambao v Republic [2016] eKLRwas dismissed on 19th October, 2016.
2) Petitioner prays for resentence on the ground that he is remorseful and has been in custody for 13 years.
3) The state through Ms.Mwaniki, learned counsel for the state submitted that the sentence imposed on the Petitioner was constitutional and urged the court to uphold it.
Analysis and Determination
4) Death is a lawful sentence for murder. The Supreme Court decision in Francis Karioki Muruatetu & Another v Republic & 5 others [2016] eKLR declaring the mandatory death sentence unconstitutional has necessitated resentencing of all persons previously sentenced to the mandatory minimum and maximum sentences.
5) I have considered The Sentencing Policy Guidelines, 2016and its application which is intended to promote transparency, consistency and fairness in sentencing (See Michael Kathewa Laichena & another v Republic [2018] eKLR).
6) Under the proviso to section 333(2) of the Criminal Procedure Code (Chapter 75 of the Laws of Kenya), the court is entitled to take into account the period the Petitioner has spent in custody in determining the sentence. The court record shows that the petitioner has served about 9 years.
7) The Petitioner did not annex any certificate to demonstrate that he had undertaken any course as a means of reformation. He however submitted that he is remorseful and regrets his actions.
8) Whereas no length of sentence can restore life, I re-sentence Petitioner tofifteen (15) years’imprisonment from 07th June, 2012 when he was convicted which time in my considered view will give him time to reflect on his actions and come out of prison a better person.
DELIVERED AT MERU THIS 09TH DAY OF DECEMBER 2021
T. W. CHERERE
JUDGE
In the presence of-
COURT ASSISTANT - KINOTI
PETITIONER - PRESENT
FOR THE STATE - MS. MWANIKI