[2019] KEHC 12237 (KLR)
The court held that, following the Supreme Court's decision in Muruatetu, the mandatory death sentence for robbery with violence is unconstitutional, and the court must exercise discretion in resentencing. Considering the facts that the Petitioner had already served 19 years, no one was injured during the robbery,...
Source-derived case information.
- Citation
- [2019] KEHC 12237 (KLR)
- Parties
- Applicant: Ramadhan Ali; Respondent: The Director of Public Prosecutions
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Petition 54 of 2018
- Procedural Posture
- Constitutional Petition / Judgment
- Outcome
- Petition for resentencing allowed; Petitioner sentenced to 25 years imprisonment from date of arrest.
- Judges
- DO Ogembo
- Legal Topics
- Mandatory Sentencing, Resentencing Guidelines, Robbery With Violence, Death Penalty, Judicial Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ramadhan Ali
Applicant
The Director of Public Prosecutions
Respondent
Procedural Posture
Constitutional Petition / Judgment
Legal Issues
- 1 Whether the mandatory death sentence for robbery with violence is unconstitutional in light of the Supreme Court decision in Francis Karioko Muruatetu and Another [2017] eKLR.
- 2 What is the appropriate sentence for the Petitioner upon resentencing given the circumstances of the offence and the period already 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, and the court must exercise discretion in resentencing. Considering the facts that the Petitioner had already served 19 years, no one was injured during the robbery, and the Petitioner showed remorse and signs of reform, the court determined that a sentence of 25 years imprisonment from the date of arrest was appropriate to serve the objectives of punishment and justice.
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.
- Right of appeal in 14 days.
Full Case Text
Judgment text and source record
22 paragraphs
THE REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MOMBASA
CONSTITUTIONAL AND HUMAN RIGHTS DIVISION
PETITION NO. 54 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 High Court Criminal Case No. 317 of 2002 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 inFrancis Karioko Muruatetu and Another [2017] eKLR in which the court decided that the mandatory nature of the death sentence is unconstitutional.
2. The Petitioner on 22nd December, 2001 at about 6. 00 a.m. at Shika-Adabu location in Mombasa, with others, while armed with dangerous weapons including knives robbed the complainant Wambua Joseph a bicycle valued at Kshs. 3,000 and cash 2,400/=.
3. In his submission the Petitioner regretted his action and prayed to be jailed for the 19 years he has already served in jail. Mr. Fedha, learned counsel for the Respondent prayed that the Petitioner be jailed for 30 years.
4. Although nobody was injured in the robbery, and while it may be true that the Petitioner has reformed, I nonetheless find that the robbery deserves to be punished adequately.
5. I am satisfied that a jail term of 25 years would be adequate to serve the objectives of resentencing, and the nature of the crime.
6. In the upshot the Petitioner is hereby jailed for 25 years from the date of arrest.
7. Right of appeal in 14 days.
Dated, Signed and Delivered at Mombasa this 5th day of December, 2019.
E. K. O. OGOLA
JUDGE
In the presence of:
Mr. Fedha for DPP
Petitioner in person
Mr. Kaunda Court Assistant