[2019] KEHC 6329 (KLR)
The court found that, pursuant to the Supreme Court's declaration that the mandatory death sentence is unconstitutional, the petitioner was entitled to resentencing. In considering the appropriate sentence, the court took into account the circumstances of the robbery, including the use of dangerous weapons and the...
Source-derived case information.
- Citation
- [2019] KEHC 6329 (KLR)
- Parties
- Respondent: Republic (Director of Public Prosecutions); Appellant: James Mwenda Meme
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Petition 124 of 2018
- Procedural Posture
- Criminal Resentencing / Resentencing After Declaration of Mandatory Death Sentence as Unconstitutional
- Outcome
- death sentence quashed; substituted with 20 years imprisonment from original sentence date
- Judges
- A Mabeya
- Legal Topics
- Robbery With Violence, Sentencing Principles, Unconstitutionality of Mandatory Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic (Director of Public Prosecutions)
Respondent
James Mwenda Meme
Appellant
Procedural Posture
Criminal Resentencing / Resentencing After Declaration of Mandatory Death Sentence as Unconstitutional
Legal Issues
- 1 Whether the mandatory death sentence for robbery with violence should be quashed following its declaration as unconstitutional.
- 2 What is the appropriate sentence for the petitioner upon resentencing.
Ratio Decidendi
The court found that, pursuant to the Supreme Court's declaration that the mandatory death sentence is unconstitutional, the petitioner was entitled to resentencing. In considering the appropriate sentence, the court took into account the circumstances of the robbery, including the use of dangerous weapons and the value of goods stolen (Kshs 10,400), as well as the petitioner's mitigation and the prison report. The court determined that the death sentence should be quashed and substituted with a term of 20 years imprisonment, to run from the date of the original sentence.
Court Disposition
death sentence quashed; substituted with 20 years imprisonment from original sentence date
Orders
- The death sentence is quashed.
- The petitioner is sentenced to 20 years imprisonment.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT KENYA AT MERU
HIGH PETITION NO 124 OF 2018
REPUBLIC..............................................................DPP
VERSUS
JAMES MWENDA MEME......................ACCUSED
RE-S E N T E N C I N G
1. The petitioner has sought that his sentence of death for Robbery with violence be quashed and he be resentenced.
2. Pursuant to the declaration of the mandatory death sentence as unconstitutional the petitioner is entitled to have his sentence relooked at.
3. I have considered his mitigation and the report from the prisons.
4. I have considered that during the robbery dangerous weapons were used and goods totaling kshs 10,400 were stolen.
5. Considering all the foregoing, I quash the death sentence and substitute therefore with a sentence 20 years imprisonment copy be supplied. The sentence to run from the original sentence.
A. MABEYA
JUDGE
28/6/2019