REPUBLIC OF KENYA IN THE HIGH COURT KENYA AT MERU HIGH COURT CRIMINAL PETITION NO 151 OF 2018 REPUBLIC …………………………………………………………..……. DPP VERSUS BENJAMIN NKUNJA KIRIAMANA ……………...……....……. ACCUSED RE-S E N T E N C I N G 1. The Petitioner has petitioned that pursuant to the Muruatetu decision he be resentenced. 2. I have considered the mitigation. That he was a first offender. That he is remorseful and that he has learnt a trade for the time he has been in custody. 3. The state urged that the court do consider the seriousness of the offence. 4. Having considered the foregoing, I am a live to the fact that the petitioner’s accomplice stabbed the victim on the thigh by use of a pen knife during the robbery and that they robbed their victim a total sum of kshs. 1,950/= considering the foregoing, I set aside the death sentence and substitute therefor with a sentence for 20 years imprisonment from 1 st sentence. Right of appeal 14 days. Copy be supplied to accused. A. MABEYA JUDGE 28/6/2019
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