Case ID:160161

Charles Ondieki Nyamari v Republic [2020] eKLR

Case Metadata

Case Number:

Constitutional Petition 12 of 2019

Parties:

Charles Ondieki Nyamari v Republic

Date Delivered:

11 Mar 2020

Case Class:

Civil

Court:

High Court at Kisii

Case Action:

Ruling

Judge(s):

Rose Edwina Atieno Ougo

Citation:

Charles Ondieki Nyamari v Republic [2020] eKLR

Advocates:

Applicant Charles Ondieki Nyamari

Mr. Otieno Senior Prosecution Counsel office of the DPP

Ms. Rael Court Clerk

Court Division:

Civil

Advocates:

Applicant Charles Ondieki Nyamari

Mr. Otieno Senior Prosecution Counsel office of the DPP

Ms. Rael Court Clerk

History Advocates:

Both Parties Represented

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

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 re-sentence 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

11

th

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