Case ID:180181

Samwel Kahiga Gathire v Republic [2021] eKLR

Case Metadata

Case Number:

Criminal Petition E021 of 2021

Parties:

Samwel Kahiga Gathire v Republic

Date Delivered:

07 Jul 2021

Case Class:

Criminal

Court:

High Court at Kisumu

Case Action:

Ruling

Judge(s):

Fred Andago Ochieng

Citation:

Samwel Kahiga Gathire v Republic [2021] eKLR

Court Division:

Criminal

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 KISUMU

CRIMINAL PETITION NO. E021 OF 2021

SAMWEL KAHIGA GATHIRE....................PETITIONER

-VERSUS-

REPUBLIC...............................................

RESPONDENT

RULING

The Petitioner,

SAMWEL KAHIGA GATHIRE

has asked this Court to have him re-sentenced in conformity with the pronouncement which the Supreme Court made in the case of

FRANCIS KARIOKO MURUATETU & ANOTHER Vs REPUBLIC PETITION NO. 15 OF 2015

.

1.

The Suprme Court declared as unconstitutional, the mandatory nature of the Death Sentence for persons convicted for the offence of Murder.

2.

On the strength of that pronouncement, the Court of Appeal declared that the mandatory nature of the Death Sentence would similarly be deemed to be unconstitutional in cases where the offender had been convicted for the offence of

Robbery with Violence

.

3.

As the Petitioner was sentenced to suffer death as by law prescribed, following his conviction for the offence of

Robbery with Violence

, this court finds that the said sentence was unconstitutional, because it was imposed on the grounds that that was the mandatory prescribed sentence under

Section 296 (2)

of the

Penal Code

.

4.

However, before the court can determine the appropriate sentence, and in order to be in a position to make the appropriate determination, the court will require further information from both the Petitioner and the Respondent.

DATED, SIGNED

and

DELIVERED

at

KISUMU

This

7

th

day of

July

2021

FRED A. OCHIENG

JUDGE