[2019] KEHC 2533 (KLR)
The court found that the Petitioner, having served 22 years in prison for the offence of robbery with violence, had undergone sufficient punishment to satisfy the objectives of retribution and rehabilitation. The court considered the positive prison progress report and the Petitioner's submissions regarding his...
Source-derived case information.
- Citation
- [2019] KEHC 2533 (KLR)
- Parties
- Appellant: Wilson Mwangi Kariuki; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Petition 161 of 2018
- Procedural Posture
- Criminal Resentencing / Judgment
- Outcome
- petition allowed; petitioner released
- Judges
- DO Ogembo
- Legal Topics
- Resentencing, Robbery With Violence, Death Penalty, Rehabilitation, Penal Code Section 296 2
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wilson Mwangi Kariuki
Appellant
Republic
Respondent
Procedural Posture
Criminal Resentencing / Judgment
Legal Issues
- 1 Whether the Petitioner is entitled to resentencing following the Supreme Court decision in Francis Karioko Muruatetu & Another v Republic (2017) eKLR.
- 2 Whether the 22 years already served by the Petitioner is sufficient punishment for the offence of robbery with violence.
Ratio Decidendi
The court found that the Petitioner, having served 22 years in prison for the offence of robbery with violence, had undergone sufficient punishment to satisfy the objectives of retribution and rehabilitation. The court considered the positive prison progress report and the Petitioner's submissions regarding his reformation and acquisition of skills. In light of the Supreme Court's guidance in Muruatetu, the mandatory death sentence was set aside, and the period already served was deemed adequate. The Petitioner was ordered to be released unless otherwise lawfully held.
Court Disposition
petition allowed; petitioner released
Orders
- The Petitioner is forthwith released and set free unless held for valid reasons.
- Right of appeal to be exercised within fourteen (14) days.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
PETITION NO. 161 OF 2018
WILSON MWANGI KARIUKI .....PETITIONER
VERSUS
REPUBLIC......................................RESPONDENT
JUDGMENT
1. The Petition before the court seeks resentencing of the Petitioner pursuant to the Supreme Court Decision in Francis Karioko Muruatetu & Another –Vs- Republic (2017) eKLR.
2. The Appellant was charged and convicted for the offence of robbery with violence contrary to Section 296 (2) of the Penal Code. He was sentenced to suffer death and now is in this court for resentencing as aforesaid. He has already served twenty two (22) years in jail. He committed the offence in the company of other people who were never apprehended. He was armed with a pistol and robbed his victim of a motor vehicle.
3. Mr. Fedha for the prosecution submitted that the said offence is grave and that the Petitioner should serve twenty four (24) years in prison.
4. On his part, the Petitioner, who appeared in person submitted that he has reformed and has learnt from his mistakes. He is 58 years old and has learnt tailoring which he will use to sustain him outside prison. The Petitioner submitted that the 22 years he has served in prison should suffice for his crime.
5. The Prison Progress Report filed on behalf of the prisoner speaks well of him. That he has reformed and that he is well behaved and disciplined for the said 22 years.
6. I have carefully considered the Petition. The goals of sentence is retribution, rehabilitation and reformation. The 22 years the Petitioner has served in prison, in my view is adequate punishment as far as retribution and rehabilitation is concerned. Whether or not he has reformed will be seen when he rejoins the society.
7. I am satisfied that the Petitioner should be released and that his punishment be limited to the said 22 years already served. The Petitioner is therefore herewith forthwith released and set free unless held for valid reasons.
8. Right of appeal to be exercised within fourteen (14) days.
Delivered, dated and signed in open court at Mombasa this 11th day of November, 2019.
E. K. O. OGOLA
JUDGE
In the presence of:
Mr. Fedha for DPP
Petitioner in person
Mr. Kaunda Court Assistant