Abdalla Hamisi Juma v Director of Public Prosecution

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA CONSTITUTIONAL AND HUMAN RIGHTS DIVISION PETITION NO. 146 OF 2018 IN THE MATTER OF: THE CONSTITUTION OF KENYA 2010 (SUPERVISORY JURISDICTION AND PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOM OF AN INDIVIDUAL) HIGH COURT PRACTICE AND PROCEDURE RULES 2013 AND IN THE MATTER: OF: ARTICLE 22(1) OF THE CONSTITUTION AND IN THE MATTER OF: ARTICLE 23(1) OF THE CONSTITUTION AND IN THE MATTER OF: ARTICLES 19. 20. 21, 22, 23, 24, 25, 27, 28, 48, 50, 258 AND 259 OF THE CONSTITUTION BETWEEN ABDALLA HAMISI JUMA..................................................PETITIONER VERSUS DIRECTOR OF PUBLIC PROSECUTION........................RESPONDENT JUDGMENT I have carefully considered the submissions of the parties. Although the Petitioner has served 22 years the offence he committed was grievous. He was also not remorseful. However, this court is satisfied that he has learnt his lesson. I therefore jail him for a total of 23 years including the time he has spent in jail, meaning that he should leave prison any time in 2020. The Petitioner has the right of appeal within 14 days. Dated, Signed and Delivered in Mombasa this 20th day of June, 2019. E. K. OGOLA JUDGE In the presence of:

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