[2019] KEHC 12083 (KLR)
The court held that, following the Supreme Court's decision in Muruatetu, the mandatory death sentence for robbery with violence is unconstitutional. The court considered the gravity of the offence, the lack of injuries to the complainant, the Petitioner's 19 years already served, and the objectives of...
Source-derived case information.
- Citation
- [2019] KEHC 12083 (KLR)
- Parties
- Appellant: Ramadhan Ali; Respondent: Director of Public Prosecutions
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Petition 174 of 2018
- Procedural Posture
- Constitutional Petition / Resentencing After Supreme Court Decision
- Outcome
- Petition for resentencing allowed; Petitioner sentenced to 25 years imprisonment from date of arrest.
- Judges
- DO Ogembo
- Legal Topics
- Mandatory Sentencing, Robbery With Violence, Resentencing Principles, Right to Fair Trial
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ramadhan Ali
Appellant
Director of Public Prosecutions
Respondent
Procedural Posture
Constitutional Petition / Resentencing After Supreme Court Decision
Legal Issues
- 1 Whether the mandatory death sentence for robbery with violence is unconstitutional following the Supreme Court decision in Muruatetu.
- 2 What is the appropriate sentence for the Petitioner upon resentencing given the circumstances of the offence and time served.
Ratio Decidendi
The court held that, following the Supreme Court's decision in Muruatetu, the mandatory death sentence for robbery with violence is unconstitutional. The court considered the gravity of the offence, the lack of injuries to the complainant, the Petitioner's 19 years already served, and the objectives of sentencing—rehabilitation, retribution, and reformation. Balancing these factors, the court determined that a custodial sentence of 25 years from the date of arrest was appropriate to serve justice and deter similar offences, while recognizing the Petitioner's time already served.
Court Disposition
Petition for resentencing allowed; Petitioner sentenced to 25 years imprisonment from date of arrest.
Orders
- The Petitioner is hereby jailed for 25 years from the date of arrest.
Full Case Text
Judgment text and source record
20 paragraphs
THE REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MOMBASA
CONSTITUTIONAL AND HUMAN RIGHTS DIVISION
PETITION NO. 174 OF 2018
RAMADHAN ALI..............................................................PETITIONER
VERSUS
THE DIRECTOR OF PUBLIC PROSECUTIONS......RESPONDENT
JUDGMENT
1. The Petitioner was convicted for the offence of robbery with violence in Criminal Court Case No. 3032 of 2003 Mombasa, and was sentenced to death. He also lost all appeals and is now in this court for resentencing pursuant to the Supreme Court decision in Francis Karioko Muruatetu and Another [2017] eKLR in which the court decided that a mandatory death sentence is against the constitution.
2. The Petitioner has been in jail for 19 years. The prosecution prayed that the Petitioner be jailed for 30 years due to the gravity of the offence. On his part the Petitioner prayed that he be jailed for the time he has already served.
3. The purpose of sentencing is rehabilitation, retribution and reformation. He waylaid an advocate, Mr. Magolo and together with others robbed him. However, no injuries were reported. Yet the robbers acted in a gang and rained terror on the complainant. This court must send a clear message to would be robbers that they shall pay for their action once convicted.
4. I am satisfied that a jail term of 25 years would be adequate to serve the objectives of resentencing which I have stated above.
5. The upshot the Petitioner is hereby jailed for 25 years from the date of arrest.
Dated, Signed and Delivered at Mombasa this 5th day of November, 2019.
E. K. O. OGOLA
JUDGE
In the presence of:
Mr. Fedha for DPP
Petitioner in person
Mr. Kaunda Court Assistant