[2022] KEHC 13812 (KLR)
The court found that its previous resentencing order, which directed the applicants to serve the trial court's sentence, inadvertently reversed the effect of the president's commutation of their death sentences to life imprisonment. The court held that the presidential commutation was a lawful executive act and...
Source-derived case information.
- Citation
- [2022] KEHC 13812 (KLR)
- Parties
- Applicant: Robert Wangoro; Applicant: David Wafula Manga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E220 of 2021
- Procedural Posture
- Criminal Case / Ruling on Application to Reinstate Presidential Commutation of Sentence
- Outcome
- application allowed
- Judges
- MM Kasango
- Legal Topics
- Resentencing, Presidential Commutation, Robbery With Violence, Death Penalty, Life Imprisonment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Robert Wangoro
Applicant
David Wafula Manga
Applicant
Republic
Respondent
Procedural Posture
Criminal Case / Ruling on Application to Reinstate Presidential Commutation of Sentence
Legal Issues
- 1 Whether the court's resentencing order improperly reversed the presidential commutation of the applicants' death sentences to life imprisonment.
- 2 Whether the applicants are entitled to reinstatement of the presidential commutation of their sentences.
Ratio Decidendi
The court found that its previous resentencing order, which directed the applicants to serve the trial court's sentence, inadvertently reversed the effect of the president's commutation of their death sentences to life imprisonment. The court held that the presidential commutation was a lawful executive act and should be respected. There was no legal basis to override or reverse the commutation, and the applicants were entitled to have the commuted sentence reinstated. The court relied on the letter from the officer in charge of Kamiti Maximum Security Prison confirming the commutation and ordered that the presidential commutation to life imprisonment be reinstated for both applicants.
Court Disposition
application allowed
Orders
- The order of the president dated October 20, 2016 commuting the death sentence of Robert Wangoro and David Wafula Manga to life imprisonment is hereby reinstated.
Full Case Text
Judgment text and source record
21 paragraphs
Wangoro & another v Republic (Criminal Case E220 of 2021) [2022] KEHC 13812 (KLR) (6 October 2022) (Ruling)
Neutral citation: [2022] KEHC 13812 (KLR)
Republic of Kenya
In the High Court at Kiambu
Criminal Case E220 of 2021
MM Kasango, J
October 6, 2022
Between
Robert Wangoro
1st Applicant
David Wafula Manga
2nd Applicant
and
Republic
Respondent
Ruling
1. Robert Wangoroand David Wafula Mangawere convicted on October 23, 2009 before the Principal Magistrate’s Court, Githunguri with two counts of robbery with violence contrary to section 296(2) of the Penal Code. Both were sentenced to suffer death.
2. In August, 2019 both convicts sought to be resentenced in accordance with the Supreme Court’s decision of Francis Muruatetu. By a ruling of October 23, 2019 the court declined to re-sentence them and ordered the trial court’s sentence to be the sentence they were to serve.
3. Both convicts however prior to their resentencing hearing had their death sentence commuted by the president. The order in the aforesaid resentencing ruling that they would serve the trial court’s sentence had the effect of reversing the commutation of the convict’s sentence by the president. They both have moved this court for this court to order that their sentence be reinstated as per the order of the president.
Order 4. Having perused the trial court file and relying on the information provided by the Kamiti Prison more particularly by the letter dated July 7, 2022 by the officer in charge of Kamiti Maximum security prison, Japheth O. Muhandia (SP), I order as follows:- The order of president dated October 20, 2016 commuting the death sentence of Robert Wangoro and David Wafula Manga to life imprisonment is hereby reinstated.
RULING DATED and DELIVERED at KIAMBU this 6th day of OCTOBER, 2022. MARY KASANGOJUDGECoram:Court Assistant : Mourice/JuliaFor State :- Mr. KasyokaFor Accused :- No appearanceAccused : ROBERT WANGORO & DAVID WAFULA MANGA:- PresentCOURTRULING delivered virtually.MARY KASANGOJUDGE