Case ID:168121

RRM v Director of Public Prosecution [2020] eKLR

Case Metadata

Case Number:

Petition 215 of 2019

Parties:

RRM v Director of Public Prosecution

Date Delivered:

15 Dec 2020

Case Class:

Criminal

Court:

High Court at Mombasa

Case Action:

Judgment

Judge(s):

Eric Kennedy Okumu Ogola

Citation:

RRM v Director of Public Prosecution [2020] eKLR

Advocates:

Mr. Fedha for State

Court Division:

Criminal

County:

Mombasa

Advocates:

Mr. Fedha for State

History Advocates:

One party or some parties represented

Case Outcome:

Petitioner sentenced to serve a jail term of twenty (20) years from the date of arrest

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 MOMBASA

CONSTITUTIONAL AND JUDICIAL REVIEW DIVISION

PETITION NO. 215 OF 2019

RRM.......................................................................................................PETITIONER

VERSUS

DIRECTOR OF PUBLIC PROSECUTION...................................RESPONDENT

JUDGMENT ON RESENTENCING

1. The Petitioner herein,

RRM

was charged and convicted, together with others, with robber with violence contrary to

Section 296 (2)

of the

Penal code

.

2. His appeal to Court of Appel was dismissed on

26

th

February, 2015

. The Petitioner is now in this court for resentencing pursuant to the Supreme Court decision in

Francis Karioko Muruatetu & Another vs. Republic

that the mandatory nature of the death sentence is unconstitutional.

3. The Petitioner states that he was charged when he was 17 years old and he has been in prison for

16 years now

. The Petitioner avers that he has reformed, regrets his past which he blames on his youth, and says he is now a man of God and has learnt theology. His co-accused William Mronbo Ngima, Jothan Mwauda and Roman Wegenge were all sentenced to 20 years in a Voi Court and they have been released. The court has confirmed this assertion to be true. The three were resentenced in

Voi Senior Principal Magistrate’s Court – Criminal Case No. 32/2003

, and were sentenced to

serve 20 years

by Hon. M. Onkoba – PM on

16

th

July, 2019

. The Petitioner submitted that he should be sentenced for the time served, and be set free.

4.

Mrs. Balongo

, Learned Counsel for the prosecution submitted that the Petitioner be jailed for

35 years

because he is a constant danger to society.

5. I have considered these submissions. The purpose of sentencing is to achieve parity in justice. It is a process also through which an offender is granted time to reflect upon his or her conduct, and to reform. It also serves as retribution so that the victim is also vindicated.

6. The Petitioner was involved in robbery, and used offensive weapons and cut and beat the victims. That is not an acceptable conduct. However, this court considers that the Petitioner has served

16 years

in jail. To atone for his conduct, the court hereby sets aside the death sentence meted on the Petitioner by the trial court.

7. In place thereof, the Petitioner is hereby sentenced to serve a jail term of

twenty (20) years

from the date of arrest. Right of appeal in 14 days.

That is the Judgment of the Court.

Dated, Signed and Delivered at Mombasa this 15

th

day of December, 2020.

E. K. OGOLA

JUDGE

Judgment delivered in chambers via MS Teams in the presence of:

Mr. Fedha for State

Petitioner in person

Ms. Peris Court Assistant