THE REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA CONSTITUTIONAL AND HUMAN RIGHTS DIVISION PETITION NO. 28 OF 2016 JUMA BEJA MWAGUSA......................................................PETITIONER VERSUS THE DIRECTOR OF PUBLIC PROSECUTIONS............RESPONDENT 28/11/2019 Before Hon. Justice E. Ogola Court Assistant Kaunda Petitioner in person Court/Judgment The petitioner herein was convicted of robbery with violence and sentenced to death. He has now served 18 years in jail. The prosecution submitted that the petitioner be jailed to 21 years including the 18 years already served. I have carefully considered the petition and the mitigation of the petitioner. The petitioner is remorseful and I believe that he has reformed. Accordingly, therefore I hereby set aside the death sentence imposed upon the petitioner by the trial court and instead thereof I jail him for a term equivalent to the time already served in the jail with the result that the petitioner is hereby freed and released from jail unless otherwise lawfully held. Orders accordingly. E. K. O. OGOLA JUDGE 28/11/2019
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