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High CourtPartially AllowedNot stated in the judgment as provided· [2020] KEHC 9245 (KLR)
WILSON NGAO MBURA v THE DIRECTOR OF PUBLIC PROSECUTIONS
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·~3 min to read original · ~4 min briefThe bottom line
#Following the Supreme Court's ruling, courts can now reduce mandatory death sentences based on an offender's rehabilitation and good conduct.
What this practically means
#Executive summary
#The Petitioner was convicted of robbery with violence contrary to Section 296(2) of the Penal Code for jointly robbing Paul Njoroge Kimotho of a motor cycle valued at Kshs. 88,000 on 29/7/2009 at Chanagande Village, Kaloleni, striking the victim with a hammer on the head. He was sentenced to death, later commuted to life imprisonment, and exhausted his appeals. He petitioned the High Court at Mombasa for resentencing pursuant to the Supreme Court's decision in Francis Karioko Muruatetu & Another v Republic [2017] eKLR, which declared the mandatory death sentence unconstitutional. The State, through Mr. Fedha, accepted the court's jurisdiction to resentence but urged a heavy sentence of 25 years given the gravity of robbery with violence. The Petitioner, aged 55 with seven dependants, submitted he had served about 10 years, was reformed, acted as a teacher, mentor and counsellor in prison, and had family and community support; a Social Enquiry Report from Kaloleni Probation Office filed on 6/9/19 spoke well of him. The court, per E. K. O. Ogola J, found the Petitioner's attitude completely changed and that he would benefit from early release subject to conditions. The court sentenced him to 15 years' imprisonment, suspended five of those years, ordered monthly reporting to the Kaloleni Probation Office from 1st February 2020 to 1st January 2021, provided that any fresh crime during the suspension would see him return to complete the sentence, and ordered his release unless otherwise legally held. A right of appeal within 14 days was granted.
Key legal issues
#01
Resentencing after Muruatetu
Holding
The Petitioner was resentenced to 15 years' imprisonment, five of which were suspended, with probation reporting conditions, and released
Reasoning
The court considered the role of sentencing, the gravity of robbery with violence, the Social Enquiry Report of 6/9/19 which spoke well of the Petitioner's reformation, his role as a teacher in prison, and his family and community ties. It concluded he would benefit from early release subject to conditions.
p. 1
Legal principles established
#- Following Muruatetu, a court may resentence a person sentenced under the mandatory death sentence for robbery with violence, taking into account rehabilitation and social inquiry reports
Court orders
#- 1.The Petitioner is sentenced to serve a jail term of 15 years
- 2.Of the said 15 years, five are suspended
- 3.The Petitioner shall report to the Kaloleni Probation Office every 1st day of the month for one year commencing 1st February, 2020 to 1st January, 2021
- 4.During the period of the suspended sentence of 5 years, if the Petitioner engages in any crime he shall be arrested and taken back to prison to complete his sentence
- 5.The Petitioner is released from prison unless otherwise legally held
- 6.Right of appeal in 14 days
- Jurisdiction invoked
- Resentencing jurisdiction following the Supreme Court decision in Francis Karioko Muruatetu & Another v Republic [2017] eKLR declaring the mandatory death sentence unconstitutional
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "WILSON NGAO MBURA v THE DIRECTOR OF PUBLIC PROSECUTIONS", Case Analysis (2020). Not stated in the judgment as provided. Source:
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