Solomon Sambu Kirwa v Republic [2019] KECA 787 (KLR)
- Court
- Court of Appeal
- Case number
- 787
- Citation
- [2019] KECA 787 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureAppeal from original conviction and sentenceCoramD.S. MAJAN, D.S. MAJANJA
Holding
Affirm conviction, quash death sentence, substitute with a term of ten (10) years imprisonment from 4th August, 2014
Facts
On 31 July 2014, the appellant, Solomon Sambu Kirwa, and another person robbed Abraham Rotich of Kshs. 8,000, a Family Bank ATM Card, and a Techno Cell phone valued at Kshs. 13,040, and threatened to use violence.
Issues
- constitutionality of mandatory death sentence for robbery with violence
- resentencing of the appellant
Reasoning
The mandatory death sentence was found unconstitutional by the Supreme Court and Court of Appeal. The appellant is therefore required to be resentenced.
Outcome
Affirmed conviction, death sentence quashed, substituted with 10 years imprisonment
Authorities cited
Legislation (1)
- Penal Code (Chapter 63 of the Laws of Kenya)
Cases cited (2)
- Francis Karioko Muruatetu & Another v Republic SCK Pet. No. 15 OF 2015 [2017] eKLR
- William Okungu Kittiny v Republic KSM CA Criminal Appeal No. 56 of 2013 [2018]eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Loading judgment…