Case ID:169353

Shariti Juma Kushinda v Director of Public Prosecution [2021] eKLR

Case Metadata

Case Number:

Petition 189 of 2018 & 237 of 2019 (Consolidated)

Parties:

Shariti Juma Kushinda v Director of Public Prosecution

Date Delivered:

21 Jan 2021

Case Class:

Criminal

Court:

High Court at Mombasa

Case Action:

Judgment

Judge(s):

Eric Kennedy Okumu Ogola

Citation:

Shariti Juma Kushinda v Director of Public Prosecution [2021] eKLR

Advocates:

Mr. Fedha for DPP

Court Division:

Criminal

County:

Mombasa

Advocates:

Mr. Fedha for DPP

History Advocates:

One party or some parties represented

Case Outcome:

Accused acquitted

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

PETITION NO. 189 OF 2018 CONSOLIDATED

WITH

PETITION NO. 237 OF 2019

SHARITI JUMA KUSHINDA............................PETITIONER

VERSUS

DIRECTOR OF PUBLIC PROSECUTION....RESPONDENT

JUDGMENT ON RESENTENCING

1.

The Petitioner herein

Shariti Juma Kushinda

was charged with the Offence of robbery with violence contrary to Section 296 (2) of the Penal Code.

2.

The particulars of the offence were that on the 2

nd

day of June 2000 at 4.00 p.m. at Pogwe Village Diani Tiwi in Kwale District within Coast Province, jointly with others not before court being armed with offensive weapon namely knife robbed Mariam Mwajabuni a wrist watch make quartz and 1 kg of meat all valued at Kshs. 2,150/= and at or immediately after the time of such robbery threatened to used actual violence to the said Mariam Mwajabuni. He was convicted and sentenced to suffer death.

3.

His appeal to the High Court and Court of Appeal were both dismissed and sentence upheld.

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

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

in which the apex court found the mandatory nature of the death sentence unconstitutional.

5.

When the matter came for resentencing, Mr. Fedha, learned prosecutor submitted that the Petitioner, having served 19 years in jail, should be jailed for the time served. I have accepted the submission by the learned prosecutor. The Petitioner has served adequate time. He is also remorseful and now states that he shuns crime.

6.

I therefore hereby set aside the death sentence imposed on the Petitioner by the trial court. Instead thereof I jail the Petitioner for the time served, with the result that the Petitioner is hereby set free and released from prison unless otherwise lawfully held.

7.

This Judgment applies to both Petition No. 189 of 2018 and Petition No. 237 of 2019.

Dated, Signed and Delivered at Mombasa this 21

st

day of January, 2021.

E. K. OGOLA

JUDGE

Judgment delivered via MS Teams in the presence of:

Petitioner in person via video link

Mr. Fedha for DPP

Ms. Peris Court Assistant