Kadivani alias Solomon Kadagaya v Republic (Criminal Miscellaneous Application E016 of 2025) [2026] KEHC 55 (KLR) (14 January 2026) (Ruling)

Kadivani alias Solomon Kadagaya v Republic (Criminal Miscellaneous Application E016 of 2025) [2026] KEHC 55 (KLR) (14 January 2026) (Ruling)

The mandatory death sentence for robbery with violence is unconstitutional; the applicant is entitled to mitigation and re-sentencing before the High Court, which has jurisdiction to review and re-sentence without remitting the matter to the lower court.

Citation
[2026] KEHC 55 (KLR)
Parties
Applicant: Simon Kadivani alias Solomon Kadagaya; Respondent: Republic
Court
High Court
Jurisdiction
Kenya
Judgment Date
14 January 2026
Case Number
Criminal Miscellaneous Application E016 of 2025
Procedural Posture
Criminal Miscellaneous Application / Ruling on Application for Review and Re Sentencing
Outcome
Application allowed
Legal Topics
Robbery With Violence, Death Penalty, Re Sentencing, Mitigation, Fair Trial Rights
Source Language
English
Criminal Law Constitutional Law Robbery With Violence Death Penalty Re Sentencing Mitigation Fair Trial Rights

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Parties

Simon Kadivani alias Solomon Kadagaya

Applicant

Republic

Respondent

Procedural Posture

Criminal Miscellaneous Application / Ruling on Application for Review and Re Sentencing

Legal Issues

  1. 1 Whether the mandatory death sentence for robbery with violence is unconstitutional
  2. 2 Whether the applicant is entitled to mitigation and re-sentencing

Ratio Decidendi

The mandatory death sentence for robbery with violence is unconstitutional; the applicant is entitled to mitigation and re-sentencing before the High Court, which has jurisdiction to review and re-sentence without remitting the matter to the lower court.

Court Disposition

Application allowed

Orders

  • The applicant is directed to appear before the court for mitigation and sentencing on 14th January 2026.