Ibrahim Otieno Ngonga & 2 others v Republic [2019] KECA 287 (KLR)
- Court
- Court of Appeal
- Case number
- 287
- Citation
- [2019] KECA 287 (KLR)
The appeals against conviction are dismissed. The appeals against sentence are allowed, and the death penalty is set aside. A term of fifteen (15) years imprisonment is substituted, effective from 30th November, 2004.
Facts
The appellants were convicted and sentenced to death for robbery with violence, and appealed to the High Court, which dismissed the appeals. The appellants then appealed to the Court of Appeal, abandoning their appeal against conviction and only pursuing the appeal against sentence.
Issues
- The mandatory nature of the death sentence under section 204 of the Penal Code is unconstitutional.
- The trial court failed to consider mitigating circumstances and exercise discretion in sentencing the appellants.
Reasoning
The Court of Appeal held that the mandatory nature of the death sentence under section 204 of the Penal Code is unconstitutional, as it deprives the court of discretion. The trial court did not consider mitigating circumstances and failed to exercise discretion.
Outcome
The appeals against sentence are allowed, and the death penalty is set aside.
Orders
- Set aside the death penalty and substitute a term of fifteen (15) years imprisonment
Remedies
- Substitute a term of fifteen (15) years imprisonment
Authorities cited
Legislation (1)
- Penal Code
Cases cited (2)
- Francis Karioko Muruatetu & Another vs. Republic [2017] eKLR
- William Okungu Kittiny Kisumu Criminal Appeal No. 56 of 2013
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