[2019] KEHC 529 (KLR)
The court found that the mandatory death sentence previously imposed on the Petitioner was unconstitutional following the Supreme Court's decision in Muruatetu. Upon considering the extreme cruelty of the offence, which involved armed robbery, the killing of one victim, severe injuries to others, and the...
Source-derived case information.
- Citation
- [2019] KEHC 529 (KLR)
- Parties
- Appellant: Ramadhan Mohamed Govi; Respondent: Director of Public Prosecutions
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Petition 87 of 2018
- Procedural Posture
- Constitutional Petition / Resentencing After Conviction and Appeal Dismissal
- Outcome
- Death sentence set aside; Petitioner resentenced to 50 years imprisonment from date of arrest.
- Judges
- DO Ogembo
- Legal Topics
- Robbery With Violence, Sentencing Principles, Death Penalty, Resentencing, Constitutional Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ramadhan Mohamed Govi
Appellant
Director of Public Prosecutions
Respondent
Procedural Posture
Constitutional Petition / Resentencing After Conviction and Appeal Dismissal
Legal Issues
- 1 Whether the mandatory death sentence imposed on the Petitioner is unconstitutional in light of the Supreme Court decision in Francis Karioko Muruatetu & Another v Republic.
- 2 What is the appropriate sentence for the Petitioner given the circumstances of the offence.
Ratio Decidendi
The court found that the mandatory death sentence previously imposed on the Petitioner was unconstitutional following the Supreme Court's decision in Muruatetu. Upon considering the extreme cruelty of the offence, which involved armed robbery, the killing of one victim, severe injuries to others, and the particularly heinous conduct of the Petitioner, the court determined that a severe custodial sentence was warranted. The court found no evidence of remorse or rehabilitation by the Petitioner. Accordingly, the death sentence was set aside and substituted with a term of imprisonment of fifty years from the date of arrest, to serve as both punishment and deterrence.
Court Disposition
Death sentence set aside; Petitioner resentenced to 50 years imprisonment from date of arrest.
Orders
- The death sentence imposed on the Petitioner is set aside.
- The Petitioner is sentenced to fifty (50) years imprisonment from the date of arrest.
Full Case Text
Judgment text and source record
25 paragraphs
THE REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MOMBASA
PETITION NO. 87 OF 2018
RAMADHAN MOHAMED GOVI……………………………………… PETITIONER
VERSUS
THE DIRECTOR OF PUBLIC PROSECUTIONS……………........…RESPONDENT
JUDGMENT
1. The Petitioner herein was charged and convicted with the offence of Robbery with Violence contrary to Section 296(2) of the Penal Code in Mombasa Chief Magistrate Criminal Case No. 3304 of 1997 and sentenced to death. The Petitioner subsequently lodged an appeal and his appeal was dismissed.
2. Brief facts of the case are that on 23rd day of October, 1997 at 9 a.m. he Petitioner together with others broke into the complainant’s shop and robbed Mr. Joel Kamau, Jane Wanjiru and John Ngutungi. During the robbery they injured Mr. Joel Kamau by beating him up, killed Francis Njuguna by cutting him with a panga and injured Mr. Muiruri by cutting his ears and drinking his blood, stabbing him and beating him up. Mr. Muiruri escaped death by jumping into Ramisi River. The Petitioner was armed with G3 rifles, panga, bows, arrows and sledge hammer.
Hearing and Submissions
3. The Petitioner filed his submissions and the petition came up for hearing on 25th September, 2019.
4. It was the Petitioner’s submissions that he regrets his action and should be jailed for 25 years.
5. The Respondent opposed the Petition, submitting that taking into account the circumstances of the case a deterrent sentence of 50 years including the 22 years served would be sufficient.
The Determination
6. On the issue of sentence, this court relies on the Supreme Court case in Francis Karioko Muruatetu & Another -vs- Republic [2017] Eklr declared where the mandatory nature of the death sentence as provided for under Section 204 of the Penal Code was found to be unconstitutional. To that extent this court can now resentence the Petitioner.
7. The Petitioner committed serious crimes. The manner of committing the said offence was so cruel and ended in death of one person and injuries to several others. The Petitioner then drunk the blood of his victim. There is no evidence that the Petitioner is remorseful, or that he has reformed.
8. This court must send out a clear message to would be murderers that once convicted they must pay the penalty for their crimes.
9. I hereby set aside the death sentence imposed on the Petitioner and substitute the same with a jail term of fifty (50) years from the date of arrest. Right of Appeal in 14 days.
Dated, Signed and Delivered in 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