[2019] KEHC 6294 (KLR)
The court found that, following the Supreme Court's decision in the Muruatetu case, the mandatory death sentence is unconstitutional. The court considered the petitioner's mitigation, including remorse, acquisition of skills while in custody, and status as a first offender. Balancing these factors against the...
Source-derived case information.
- Citation
- [2019] KEHC 6294 (KLR)
- Parties
- Applicant: Republic; Respondent: Musa Ali Abdi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Petition 170 of 2018
- Procedural Posture
- Resentencing Application / Resentencing After Declaration of Mandatory Death Sentence as Unconstitutional
- Outcome
- Death sentence set aside and substituted with 25 years imprisonment.
- Judges
- A Mabeya
- Legal Topics
- Resentencing, Mandatory Sentences, Mitigation, Death Penalty, Constitutional Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Musa Ali Abdi
Respondent
Procedural Posture
Resentencing Application / Resentencing After Declaration of Mandatory Death Sentence as Unconstitutional
Legal Issues
- 1 Whether the mandatory death sentence should be set aside in light of the Muratetu decision.
- 2 What is the appropriate sentence for the petitioner after considering mitigation.
Ratio Decidendi
The court found that, following the Supreme Court's decision in the Muruatetu case, the mandatory death sentence is unconstitutional. The court considered the petitioner's mitigation, including remorse, acquisition of skills while in custody, and status as a first offender. Balancing these factors against the seriousness of the offence as emphasized by the prosecution, the court set aside the death sentence and substituted it with a term of 25 years imprisonment.
Court Disposition
Death sentence set aside and substituted with 25 years imprisonment.
Orders
- The sentence of death is set aside and substituted with a sentence of 25 years imprisonment from the date of the first sentence.
- Copy of the order to be supplied.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT KENYA AT MERU
PETITION NO 170 OF 2018
REPUBLIC ..................................... DPP
VERSUS
MUSA ALI ABDI ...............ACCUSED
RE-S E N T E N C I N G
1. Before me is a petitioner that the petitioner be sentenced since the mandatories of the death sentence has since been declared unconstitutional in the Muratetu case.
2. The petitioner appeared before me and gave his mitigation. He stated that he is remorseful. He has learnt some trade while in custody and he can be of help if reintegrated with society. He was a first offender.
3. Mr. Gitonga for the state urged a stiffer sentence due to the seriousness of the offence.
4.
5. Having considered the foregoing, the sentence of death is set aside and substituted with a sentence of 25 years imprisonment. From the first sentence. Copy be supplied.
A. MABEYA
JUDGE
28/6/2019