Constitutional and Judicial Review Division v Director of Public Prosecution

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA CONSTITUTIONAL AND JUDICIAL REVIEW DIVISION PETITION NO. 215 OF 2019 RRM.......................................................................................................PETITIONER VERSUS DIRECTOR OF PUBLIC PROSECUTION...................................RESPONDENT JUDGMENT ON RESENTENCING 1. The Petitioner herein, RRM was charged and convicted, together with others, with robber with violence contrary to Section 296 (2) of the Penal code. 2. His appeal to Court of Appel was dismissed on 26th February, 2015. The Petitioner is now in this court for resentencing pursuant to the Supreme Court decision in Francis Karioko Muruatetu & Another vs. Republic that the mandatory nature of the death sentence is unconstitutional. 3. The Petitioner states that he was charged when he was 17 years old and he has been in prison for 16 years now. The Petitioner avers that he has reformed, regrets his past which he blames on his youth, and says he is now a man of God and has learnt theology. His co-accused William Mronbo Ngima, Jothan Mwauda and Roman Wegenge were all sentenced to 20 years in a Voi Court and they have been released. The court has confirmed this assertion to be true. The three were resentenced in Voi Senior Principal Magistrate’s Court – Criminal Case No. 32/2003, and were sentenced to serve 20 years by Hon. M. Onkoba – PM on 16th July, 2019. The Petitioner submitted that he should be sentenced for the time served, and be set free. 4. Mrs. Balongo, Learned Counsel for the prosecution submitted that the Petitioner be jailed for 35 years because he is a constant danger to society. 5. I have considered these submissions. The purpose of sentencing is to achieve parity in justice. It is a process also through which an offender is granted time to reflect upon his or her conduct, and to reform. It also serves as retribution so that the victim is also vindicated. 6. The Petitioner was involved in robbery, and used offensive weapons and cut and beat the victims. That is not an acceptable conduct. However, this court considers that the Petitioner has served 16 years in jail. To atone for his conduct, the court hereby sets aside the death sentence meted on the Petitioner by the trial court. 7. In place thereof, the Petitioner is hereby sentenced to serve a jail term of twenty (20) years from the date of arrest. Right of appeal in 14 days. That is the Judgment of the Court. Dated, Signed and Delivered at Mombasa this 15th day of December, 2020. E. K. OGOLA JUDGE Judgment delivered in chambers via MS Teams in the presence of:

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