[2019] KEHC 6267 (KLR)
The court found that, following the Supreme Court's decision in Muruatetu, the mandatory death sentence for robbery with violence is unconstitutional. The petitioner, being a first offender, having shown remorse, and having acquired skills while in custody, warranted a reconsideration of sentence. However, the...
Source-derived case information.
- Citation
- [2019] KEHC 6267 (KLR)
- Parties
- Respondent: Republic; Appellant: Benjamin Nkunja Kiriamana
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Petition 151 of 2018
- Procedural Posture
- Criminal Petition / Resentencing
- Outcome
- Death sentence set aside; substituted with 20 years imprisonment from date of first sentence.
- Judges
- A Mabeya
- Legal Topics
- Resentencing, Mandatory Minimum Sentences, Robbery With Violence, Mitigation, Muruatetu Principle
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Benjamin Nkunja Kiriamana
Appellant
Procedural Posture
Criminal Petition / Resentencing
Legal Issues
- 1 Whether the petitioner is entitled to resentencing following the Supreme Court decision in Muruatetu.
- 2 What is the appropriate sentence in light of the circumstances and mitigation presented.
Ratio Decidendi
The court found that, following the Supreme Court's decision in Muruatetu, the mandatory death sentence for robbery with violence is unconstitutional. The petitioner, being a first offender, having shown remorse, and having acquired skills while in custody, warranted a reconsideration of sentence. However, the seriousness of the offence, including the use of violence and the amount stolen, required a custodial sentence. The court therefore set aside the death sentence and substituted it with a sentence of 20 years imprisonment, effective from the date of the original sentence.
Court Disposition
Death sentence set aside; substituted with 20 years imprisonment from date of first sentence.
Orders
- The death sentence is set aside.
- The petitioner is sentenced to 20 years imprisonment from the date of the original sentence.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT KENYA AT MERU
HIGH COURT CRIMINAL PETITION NO 151 OF 2018
REPUBLIC …………………………………………………………..……. DPP
VERSUS
BENJAMIN NKUNJA KIRIAMANA ……………...……....……. ACCUSED
RE-S E N T E N C I N G
1. The Petitioner has petitioned that pursuant to the Muruatetu decision he be resentenced.
2. I have considered the mitigation. That he was a first offender. That he is remorseful and that he has learnt a trade for the time he has been in custody.
3. The state urged that the court do consider the seriousness of the offence.
4. Having considered the foregoing, I am a live to the fact that the petitioner’s accomplice stabbed the victim on the thigh by use of a pen knife during the robbery and that they robbed their victim a total sum of kshs. 1,950/= considering the foregoing, I set aside the death sentence and substitute therefor with a sentence for 20 years imprisonment from 1st sentence. Right of appeal 14 days. Copy be supplied to accused.
A. MABEYA
JUDGE
28/6/2019