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Original judgment

Amin Mohamed alias Rasia v Director of Public Prosecution

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA CONSTITUTIONAL AND HUMAN RIGHTS DIVISION PETITION NO. 250 OF 2018 IN THE CONSTITUTION OF KENYA 2010 (SUPERVISORY JURISDICTION AND PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF AN INDIVIDUAL) HIGH COURT PRACTICE AND PROCEDURE RULES 2013 IN THE MATTER OF: ARTICLE 22(i) OF THE CONSTITUTION AND IN THE MATTER OF: ARTICLES 19, 20, 21, 22, 23, 24, 25, 27, 48, 50,258 & 259 OF THE CONSTITUTION OF KENYA AND BETWEEN AMIN MOHAMED alias RASIA.........................................................PETITIONER AND DIRECTOR OF PUBLIC PROSECUTION....................................RESPONDENT JUDGMENT 17/12/2019 Before Hon. Justice E. Ogola Court Assistant Kaunda Ms. Mutua for DPP Petitioner in person Ms. Mutua: Petitioner was charged with robbery with violence in Criminal Case No. 1229 of 2003. He was sentenced to death which was reduced to life. He robbed complainant of motor vehicle KAN 098D, cash 3M Tanzania Shillings and a phone while armed with a pistol. Nobody was harmed. The Petitioner has since served 16 years in prison. We pray that he be sentenced to 20 years including time served. HON. E. K. OGOLA

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JUDGE Petitioner: I accep0ted my punishment. I pray that I be forgiven. In prison I work with Mewa to help people stop drug abuse. I am fifty two (52) years old. I have parents. I am married with children. HON. E. K. OGOLA JUDGE Court: The Petitioner is sentenced to serve 16 years in prison, which he has already served. He is therefore forthwith released unless lawfully held. HON. E. K. OGOLA JUDGE 15/2/2019

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