Case ID:168718
Parties: None
Date Delivered: None
Case Type: None
Court: None
Judges: None
Citation: None
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.