Case ID:167614

David Kiplangat Rono v Republic [2019] eKLR

Case Metadata

Case Number:

Criminal Appeal 184 of 2013

Parties:

David Kiplangat Rono alias Rasta v Republic

Date Delivered:

19 Mar 2019

Case Class:

Criminal

Court:

Court of Appeal at Nyeri

Case Action:

Judgment

Judge(s):

Sankale ole Kantai, Fatuma sichale, Stephen Gatembu Kairu

Citation:

David Kiplangat Rono v Republic [2019] eKLR

Case History:

Appeal from a conviction & judgment of the High Court of Kenya at Kericho(Byram Ongaya & G.W. Ngenye dated 24th October, 2013 In Kericho HCCRA NO. 23 OF 2011

Court Division:

Criminal

County:

Nyeri

History Docket No:

HCCRA 23 of 2011

History Judges:

Byram Ongaya, Grace Wangui Ngenye-Macharia

History County:

Kericho

Case Outcome:

Application allowed

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

IN THE COURT OF APPEAL

AT NYERI (SITTING AT NAKURU)

[CORAM: GATEMBU, SICHALE & KANTAI, JJA]

CRIMINAL APPEAL NO. 184 OF 2013

BETWEEN

DAVID KIPLANGAT RONO ALIAS RASTA.....APPELLANT

AND

REPUBLIC..........................................................RESPONDENT

(Appeal from a conviction & judgment of the High Court of Kenya at Kericho (Byram Ongaya & G.W. Ngenye dated 24

th

October, 2013

In

Kericho HCCRA NO. 23 OF 2011)

*****************************

JUDGMENT OF THE COURT

The appellant,

DAVID KIPLANGAT RONO

also known as

RASTA

was tried and convicted of the offence of robbery with violence contrary to section 296(2) of the Penal Code. He was sentenced on

25

th

May, 2011

to suffer death. His first appeal to the High Court of Kenya at Kericho was dismissed in a judgment delivered on

24

th

October, 2013

. The appellant thereafter appealed to this Court. When the appeal came up for hearing today

Miss Kabalika

, learned counsel for the appellant urged the only ground taken in Memorandum of Appeal filed on

15

th

March, 2019

. The same relate to the sentence of death imposed on the appellant. According to counsel the mandatory nature of the death sentence

has since been held by the Supreme Court of Kenya to be unconstitutional and for this reason we are urged to refer the matter to the trial court for resentencing.

Mr. Baraka

, learned Prosecution Counsel agrees.

We have considered the application and are aware of the new jurisprudence in this country which was pronounced by the Supreme Court in

Francis

Muruatetu & Another vs. Republic

where the mandatory nature of the death sentence was held to be unconstitutional. In the event we remit the file to the High Court at Kericho with an order that the said court takes the appellant’s mitigation and award an appropriate sentence. The file be remitted to that court and be mentioned in the next fourteen (14) days for appropriate orders of that court.

Given and dated at Nakuru this 19

th

day of March, 2019.

S. GATEMBU KAIRU, FCIArb.

......................................

JUDGE OF APPEAL

F. SICHALE

......................................

JUDGE OF APPEAL

S. ole KANTAI

.....................................

JUDGE OF APPEAL

I certify that this is a true copy of the original.

DEPUTY REGISTRAR