Automated Summary
Key Facts
The applicants were jointly charged with robbery with violence in Nakuru Chief Magistrate's Court Criminal Case No.1606 of 2005. They were convicted on 11/3/2008 and initially sentenced to death. After their appeal was dismissed in October 2014, they applied for re-sentencing in 2018 following the Muruatetu Supreme Court Judgment. The court substituted the death sentence to 20 years imprisonment, effective from the original sentencing date of 11th March 2008. The applicants had served over 11 years in prison, with four in custody. The robbery involved a toy pistol, and no life was lost.
Issues
- The state opposed the application, citing the use of a toy pistol and injuries to victims, while the Applicants emphasized their reformation and maturity. The court balanced these arguments, ultimately reducing the death sentence to 20 years imprisonment effective from the original sentencing date.
- The court addressed whether the death penalty for robbery with violence under Section 296(2) of the Penal Code could still be enforced after the Muruatetu judgment. It concluded the sentence was lawful but exercised discretion to substitute it to 20 years imprisonment based on the Applicants' circumstances.
- The court considered the application for re-sentencing of the Applicants, who were initially sentenced to death for robbery with violence, in light of the Supreme Court's Muruatetu decision (2017) e KLR. The key issue was whether the death sentence should be substituted under the new sentencing guidelines, particularly given the Applicants' mitigation arguments of reform and remorse.
- The Applicants argued for re-sentencing by highlighting their reformation in prison, completion of training programs, and expressions of remorse. The court evaluated these mitigation factors against the state's opposition, which emphasized the use of dangerous weapons and injuries caused during the offense.
Holdings
The court substituted the death sentence to 20 years imprisonment, effective from the date of the original sentence (11th March 2008), based on Supreme Court guidelines and mitigating factors including the use of a toy pistol and no loss of life.
Remedies
The court substituted the original death sentence with a 20-year imprisonment term, effective from March 11, 2008, following the re-sentencing application under the Muruatetu case guidelines.
Legal Principles
- The court applied the Supreme Court guidelines from the Muruatetu case (2017) for re-sentencing applications, including factors like the offender's age, first-offender status, plea, character, gender-based violence context, remorse, and reform potential. These guidelines are advisory, allowing judicial discretion based on case-specific circumstances.
- The court referenced the 2016 Sentencing Policy Guidelines, emphasizing objectives like retribution, deterrence, rehabilitation, restorative justice, community protection, and denunciation. These principles were used to assess the appropriateness of substituting the death sentence with 20 years' imprisonment.
Precedent Name
- Paul Ouma alias Collera & Another -vs- Republic
- Wycliff Wangusi Mafura -vs- Republic
- Peter Matiku Muhiru -v- Republic
- Elizabeth Mwiyaithi Syengo -vs- Republic
- Isaac Kimanzi Musee -vs- Republic
Cited Statute
Penal Code - Section 296(2)
Judge Name
J.N. Mulwa
Passage Text
- In mitigation, they stated that they have reformed while in prison and are remorseful, that they have trained in various disciplines (certificates provided) and pray that if released they would be useful persons in their community. They pledge to be of good conduct.
- I substitute the death sentence to 20 years imprisonment, effective from the date of sentence before the trial court, the 11th March 2008.