[2019] KECA 787 (KLR)
The court held that, following the Supreme Court's decision in Muruatetu and the Court of Appeal's application of that decision to robbery with violence, the mandatory death sentence imposed on the appellant was unconstitutional. The court therefore quashed the death sentence and, after considering the circumstances...
Source-derived case information.
- Citation
- [2019] KECA 787 (KLR)
- Parties
- Appellant: Solomon Sambu Kirwa; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 164 of 2015
- Procedural Posture
- Criminal Appeal / Judgment on Resentencing
- Outcome
- Conviction affirmed; sentence of death quashed and substituted with ten years imprisonment from 4th August 2014.
- Judges
- DAS Majanja
- Legal Topics
- Robbery With Violence, Sentencing Principles, Unconstitutionality of Mandatory Sentences
- 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
Solomon Sambu Kirwa
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment on Resentencing
Legal Issues
- 1 Whether the mandatory death sentence for robbery with violence under section 296(2) of the Penal Code is constitutional.
- 2 What is the appropriate sentence for the appellant following the Supreme Court decision in Muruatetu.
Ratio Decidendi
The court held that, following the Supreme Court's decision in Muruatetu and the Court of Appeal's application of that decision to robbery with violence, the mandatory death sentence imposed on the appellant was unconstitutional. The court therefore quashed the death sentence and, after considering the circumstances of the case, resentenced the appellant to a term of ten years imprisonment from the date of first sentencing.
Court Disposition
Conviction affirmed; sentence of death quashed and substituted with ten years imprisonment from 4th August 2014.
Orders
- The conviction is affirmed.
- The sentence of death is quashed.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT ELDORET
CORAM: D.S. MAJANJA J.
CRIMINAL APPEAL NO. 164 OF 2015
BETWEEN
SOLOMON SAMBU KIRWA............................................APPELLANT
AND
REPUBLIC.......................................................................RESPONDENT
(Being an appeal from the original conviction and sentence of Hon. C. Obulutsa, SPM
dated 13th May 2015 at Eldoret Magistrate’s Court in Criminal Case No. 5161 of 2014)
JUDGMENT
1. At the hearing of this appeal the appellant, SOLOMON SAMBU KIRWA, informed the Court that he was only pursuing the issue of sentence as he had been convicted and sentenced to death for the offence of robbery with violence contrary to section 296 (2) of the Penal Code (Chapter 63 of the Laws of Kenya). The particulars of the offence were that on 31st July 2014 at Chepngoror Village in Eldoret East District within Uasin Gishu County, jointly with another person, he robbed ABRAHAM ROTICH of Kshs. 8,000/-, a Family Bank ATM Card and a Techno Cell phone all valued at Kshs. 13,040/- and immediately before the time of such robbery threatened to use violence against the said ABRAHAM ROTICH.
2. The mandatory death sentence was found unconstitutional by the Supreme Court inFrancis Karioko Muruatetu & Another v Republic SCK Pet. No. 15 OF 2015 [2017] eKLR.The same principle was applied to the offence of robbery with violence under section 296(2) of the Penal Code by the Court of Appeal in William Okungu Kittiny v Republic KSM CA Criminal Appeal No. 56 of 2013 [2018]eKLR. I am therefore required to resentence the appellant afresh.
3. Having considered the circumstances of the case, I hereby affirm the conviction but quash the sentence of death and substitute it with a term of ten (10) years imprisonment from 4th August, 2014.
DATED and DELIVERED at ELDORET this 24th day of April 2019.
D.S. MAJANJA
JUDGE
Appellant in person.
Ms Mokua, Prosecution Counsel, instructed by the Office of Director of Public Prosecutions for the respondent.