Katana Charo Tsuri v Republic

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MALINDI PETITION NO. 21 OF 2018 KATANA CHARO TSURI ......PETITIONER VERSUS REPUBLIC............................. RESPONDENT CORAM: Hon. Justice R. Nyakundi Ms. Sombo for the State The petitioner in person JUDGMENT The petition is preferred on the following grounds: 1. That this Hon. Court must take cognizance of recent developments in law in this area and I apply it to the present case particularly because the same is advantageous to me the petitioner in its recent decision in FRANCIS KARIOKO MURUATETU AND ANOTHER V REP 2017 KLR the Supreme Court of Kenya, pronounced that the mandatory aspect of the death sentence was unconstitutional. 2. That the court therefore affectively removed the fetters placed on the courts discretion when passing sentence in cases which hitherto carried the death penalty as the only lawful sentence upon conviction. 3. That the decision by the supreme court allows the high court to interfere with the sentence upheld by the court of appeal in the interest of justice. 4. That the petitioner had fully mitigated before the trial court relying on that mitigation address and therefore humbly beg this hon. court to impose a sentence which is appropriate to the offence committed by me the petitioner and the circumstances surrounding the same. 5. That the petitioner was a first offender, with a young family I was taking care of I have reformed and the items robbed from the complainant were of modest value. 6. That I the petitioner has already been incarcerated for slightly over 23 years since I was arrested. I have already paid my debt to society and learned my lesson and I will never repeat again. 7. That throwing me the petitioner into prison cell for the rest of entire natural life as if I was a thing instead of a person without any continuing duty to respect my dignity which include the right to live in despair and helplessness and without hope of release would surely infringe my constitutional right to human dignity as provided under Article 28 of the constitution of Kenya 2010. 8. That the cost be provided for in favour of me the petitioner in any event has provided for in article 22 (1) (3) (c) of the constitution. 9. That I the petitioner therefore humbly prey that this hon. court to declare that the death sentence upheld upon me the petitioner by the Court of Appeal was unconstitutional in the circumstances of this case and the appropriate sentence that

page 1 of 2