[2019] KEHC 2833 (KLR)
The court found that, given the petitioner's age, the seriousness of the offences, and the recommendations of the Pre-Sentence Report, a custodial sentence was warranted to protect the public and serve as a deterrent. The court exercised its discretion to substitute the death sentence with a term of 35 years'...
Source-derived case information.
- Citation
- [2019] KEHC 2833 (KLR)
- Parties
- Appellant: Samuel Mwera Mugini; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Constitutional Petition 31 of 2018
- Procedural Posture
- Constitutional Criminal Petition / Resentencing After Successful Petition Against Death Sentence
- Outcome
- Death sentence set aside; petitioner resentenced to 35 years' imprisonment from original sentencing date.
- Judges
- AC Mrima
- Legal Topics
- Robbery With Violence, Resentencing, Death Penalty Review, Sentencing Guidelines
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Mwera Mugini
Appellant
Republic
Respondent
Procedural Posture
Constitutional Criminal Petition / Resentencing After Successful Petition Against Death Sentence
Legal Issues
- 1 Whether the death sentence imposed on the petitioner for robbery with violence should be substituted with a term of imprisonment.
- 2 What is the appropriate sentence considering the circumstances of the offences and the petitioner's mitigation.
Ratio Decidendi
The court found that, given the petitioner's age, the seriousness of the offences, and the recommendations of the Pre-Sentence Report, a custodial sentence was warranted to protect the public and serve as a deterrent. The court exercised its discretion to substitute the death sentence with a term of 35 years' imprisonment, commencing from the original sentencing date. The decision balanced the petitioner's mitigation against the need for a punitive and protective response to violent crime.
Court Disposition
Death sentence set aside; petitioner resentenced to 35 years' imprisonment from original sentencing date.
Orders
- The petitioner is sentenced to 35 years' imprisonment.
- The sentence shall run from 27/06/2011, the date of original sentencing.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MIGORI
[CORAM: MRIMA, J.]
CONST. CRIMINAL PETITION NO. 31 OF 2018
SAMUEL MWERA MUGINI..........................................................PETITIONER
-VERSUS-
REPUBLIC......................................................................................................STATE
SENTENCE
1. The Petitoner was charged, tried and convicted of several counts of robbery with violence. He was sentenced to suffer death on 27/06/2011.
2. The Petitioner filed this Petitotin against the death sentence. The Petitioner was allowed. He was ordered to be re-sentenced.
3. In urging this Court to exercise leniency on him, the Petitioner filed written submissions. He pointed out that he had been in prison for 10 years. He also stated that he was aged 57 years old. He left behind a family.
4. The State prayed for a stiffer sentence in view of the number of counts the Petitioner was charged with. This Court was also urged to note that the Petititoner was among a gang of robbers who were armed with guns and terrorized members of public for long. The gang even shot and killed a person in the course of the robberies.
5. A Pre-Sentence Report was availed. I have considered the contents of the Pre-Sentence Report and its recommendation.
6. I have considered this matter carefully. The circumstances under which the Petitioner committed the offences were well captured in the judgments of the lower court and the Superior Courts. I agreee with the State and the recommendation in the Pre-Sentence Report that the Petitioner posed a great danger to public good. In such a case there is need for a sentence which is not only detterent but also places the Petitioner away from the society for a good period.
7. Considering the age of the Petitioner and guided by the Sentencing Guidelines, the Pre-Sentence Report and the record I hereby sentence the Petitioner to 35 (Thirty Five) years’ imprisonment. The sentence shall run from the date the Petitioner was sentenced before the trial court, that is 27/06/2011.
It is so ordered.
DELIVERED, DATED and SIGNED at MIGORI this 30th day of October 2019.
A. C. MRIMA
JUDGE