Case ID:168718

Vincent Nzive Muvandi & 2 others v Director of Public Prosecutions [2020] eKLR

Case Metadata

Case Number:

Constitutional Petition 102 of 2019

Parties:

Vincent Nzive Muvandi, Francis Ndolo David & Joseph Kyalo Mwanzia v Director of Public Prosecutions

Date Delivered:

16 Dec 2020

Case Class:

Civil

Court:

High Court at Mombasa

Case Action:

Judgment

Judge(s):

Eric Kennedy Okumu Ogola

Citation:

Vincent Nzive Muvandi & 2 others v Director of Public Prosecutions [2020] eKLR

Advocates:

M/S Wanjohi for State

Court Division:

Constitutional and Human Rights

County:

Mombasa

Advocates:

M/S Wanjohi for State

History Advocates:

One party or some parties represented

Case Outcome:

Petitioner set free and released from prison

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 PETITION NO. 102 OF 2019

VINCENT NZIVE MUVANDI

FRANCIS NDOLO DAVID

JOSEPH KYALO MWANZIA

.......................................PETITIONERS

VERSUS

DIRECTOR OF PUBLIC PROSECUTIONS...............RESPONDENT

JUDGMENT ON RESENTENCING

1. The Petitioner herein,

Vincent Nzive Muvandi,

together with 2 others were charged and convicted, with the offence of

Robbery with Violence contrary to

Section 296(2) of the Penal Code,

where they were found guilty, convicted and sentenced to suffer death.

2. The particulars of the offence were that on the

2

nd

February 2008

at

11pm,

at S

alombo Club,

Moi Avenue within Mombasa District, the Petitioners jointly with others not before court being armed with dangerous weapons namely a pistol and a knife, robbed off the Complainant a compressor machine and at or immediately before or after the time of such robbery threatened to harm the Complainant.

3. The Petitioner has exhausted his appellate rights, and is now in this Court for purpose of resentencing pursuant to the Supreme Court decision in

Francis Karioko Muruatetu & Another vs. Republic [2017] eKLR

,

in which the apex court found that the mandatory nature of the death sentence was unconstitutional and struck down

Section 204

of the

Penal Code

to the extent that it prescribed mandatory death sentence upon conviction for murder.

4.

M/S Wanjohi

for the State relied on their submissions filed on

28

th

October, 2020

, and submitted that the Petitioners be jailed for

14 years

which he has already served with the effect that the Petitioner would be free and so they may be set free.

5. Pursuant to submissions by the DPP that the Petitioners be jailed for the time served of 14 years, I now hereby set aside the sentence of death imposed on Petitioner. In place thereof, I jail the Petitioner for a term equivalent to that already served of

14 years

. The consequence is that the Petitioner is set free and released from prison unless otherwise lawfully held.

That is the Judgment of the Court.

Dated, Signed and Delivered at Mombasa this 16

th

day of December, 2020.

E. K. OGOLA

JUDGE

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

M/S Wanjohi for State

Petitioner in person

Ms. Peris Court Assistant

Note:

In view of the declaration of measures restricting court operations due to

the

COVID-19

pandemic and in light of the directions issued by His Lordship the Chief Justice on

15

th

March 2020,

this Judgment has been delivered to the parties online with their consent. They have waived compliance with

Order 21 Rule 1

of the Civil Procedure Rules which requires that all Judgments and Rulings be pronounced in open Court.