REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KISII CONST. PETITION NO.12 OF 2019 CHARLES ONDIEKI NYAMARI...........................................................APPLICANT VERSUS REPUBLIC...........................................................................................RESPONDENT RULING- RE-SENTENCING The applicant seeks re-sentencing following the Supreme Court that declared the death sentence unconstitutional. I have considered the applicant’s application. He was found guilty of robbery with violence and condemned to death. The facts are clear in the judgment the applicant and others not before court went on a spree of attacking and robbing the complainants and other persons they met. I have considered that the prosecution have no objection to the applicant being reinstated this has made a positive mitigation and demonstrated the skill he has acquired whilst serving sentence. Considering all the above and the gravity of the offence committed I set aside the death sentence and resentence the applicant Charles Ondieki Nyamari to 20 years from the date he was sentenced in the lower court. He has a right of appeal within 14 days. Sentence to run concurrently. Dated, signed and delivered at Kisii this 11th day of March 2020. R.E. OUGO JUDGE In the presence of; Applicant Charles Ondieki Nyamari Mr. Otieno Senior Prosecution Counsel office of the DPP Ms. Rael Court Clerk
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