[2020] KEHC 902 (KLR)
The court found that, following the Supreme Court decision in Muruatetu, the mandatory death sentence imposed on the petitioner was unconstitutional. The court considered the petitioner's age at the time of the offence (17 years), the 16 years already served, his demonstrated reformation, and the fact that his...
Source-derived case information.
- Citation
- [2020] KEHC 902 (KLR)
- Parties
- Petitioner: RRM; Respondent: Director of Public Prosecution
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Petition 215 of 2019
- Procedural Posture
- Constitutional Petition / Resentencing Judgment
- Outcome
- Death sentence set aside; petitioner resentenced to 20 years imprisonment from date of arrest.
- Judges
- DO Ogembo
- Legal Topics
- Resentencing, Mandatory Death Sentence, Juvenile Offender, Robbery With Violence, Supreme Court Precedent
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
RRM
Petitioner
Director of Public Prosecution
Respondent
Procedural Posture
Constitutional Petition / Resentencing Judgment
Legal Issues
- 1 Whether the mandatory death sentence for robbery with violence is unconstitutional following the Supreme Court decision in Francis Karioko Muruatetu & Another v. Republic.
- 2 Whether the petitioner, having served 16 years and being a juvenile at the time of the offence, should be resentenced to a lesser term or time served.
- 3 Whether parity in sentencing requires the petitioner to receive a sentence similar to his co-accused who were resentenced to 20 years.
Ratio Decidendi
The court found that, following the Supreme Court decision in Muruatetu, the mandatory death sentence imposed on the petitioner was unconstitutional. The court considered the petitioner's age at the time of the offence (17 years), the 16 years already served, his demonstrated reformation, and the fact that his co-accused were resentenced to 20 years and have since been released. The court held that parity in sentencing and the principles of justice required setting aside the death sentence and resentencing the petitioner to a term of 20 years imprisonment from the date of arrest.
Court Disposition
Death sentence set aside; petitioner resentenced to 20 years imprisonment from date of arrest.
Orders
- The death sentence imposed on the petitioner is set aside.
- The petitioner is sentenced to serve a jail term of twenty (20) years from the date of arrest.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CONSTITUTIONAL AND JUDICIAL REVIEW DIVISION
PETITION NO. 215 OF 2019
RRM.......................................................................................................PETITIONER
VERSUS
DIRECTOR OF PUBLIC PROSECUTION...................................RESPONDENT
JUDGMENT ON RESENTENCING
1. The Petitioner herein, RRM was charged and convicted, together with others, with robber with violence contrary to Section 296 (2)of thePenal code.
2. His appeal to Court of Appel was dismissed on 26th February, 2015. The Petitioner is now in this court for resentencing pursuant to the Supreme Court decision in Francis Karioko Muruatetu & Another vs. Republicthat the mandatory nature of the death sentence is unconstitutional.
3. The Petitioner states that he was charged when he was 17 years old and he has been in prison for 16 years now. The Petitioner avers that he has reformed, regrets his past which he blames on his youth, and says he is now a man of God and has learnt theology. His co-accused William Mronbo Ngima, Jothan Mwauda and Roman Wegenge were all sentenced to 20 years in a Voi Court and they have been released. The court has confirmed this assertion to be true. The three were resentenced in Voi Senior Principal Magistrate’s Court – Criminal Case No. 32/2003, and were sentenced to serve 20 years by Hon. M. Onkoba – PM on 16th July, 2019. The Petitioner submitted that he should be sentenced for the time served, and be set free.
4. Mrs. Balongo, Learned Counsel for the prosecution submitted that the Petitioner be jailed for 35 years because he is a constant danger to society.
5. I have considered these submissions. The purpose of sentencing is to achieve parity in justice. It is a process also through which an offender is granted time to reflect upon his or her conduct, and to reform. It also serves as retribution so that the victim is also vindicated.
6. The Petitioner was involved in robbery, and used offensive weapons and cut and beat the victims. That is not an acceptable conduct. However, this court considers that the Petitioner has served 16 years in jail. To atone for his conduct, the court hereby sets aside the death sentence meted on the Petitioner by the trial court.
7. In place thereof, the Petitioner is hereby sentenced to serve a jail term of twenty (20) years from the date of arrest. Right of appeal in 14 days.
That is the Judgment of the Court.
Dated, Signed and Delivered at Mombasa this 15th day of December, 2020.
E. K. OGOLA
JUDGE
Judgment delivered in chambers via MS Teams in the presence of:
Mr. Fedha for State
Petitioner in person
Ms. Peris Court Assistant