Ashibabi v Republic (Criminal Appeal 251 of 2019) [2025] KECA 611 (KLR) (28 March 2025) (Judgment)
- Court
- Court of Appeal
- Case number
- 611
- Citation
- [2025] KECA 611 (KLR)
- Decided
- 28 March 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureAppeal from the High Court of Kenya at KakamegaCoramD.S. Majanja, HM Okwengu, HA Omondi, JM Ngugi
Holding
The appeal is dismissed. The mandatory death sentence imposed on the appellant is upheld.
Facts
The appellant, Samuel Ashibabi, was charged with robbery with violence and three other counts of robbery. The charges were based on incidents that occurred on July 22, 2015, at HQ Bar and Restaurant in Kakamega Township, Kakamega County.
Issues
- The appellant's sentence of death in count 1 and imprisonment for five years in count 3 was challenged on grounds of mitigation not being considered by the High Court.
- The appellant argued that the sentence was manifestly harsh and excessive.
- The appellant also argued that the learned judge erred in applying the judgment in Francis Karioko Muruatetu & Another vs. Republic (2021) eKLR (Muruatetu 2).
Reasoning
The court dismissed the appeal, stating that the appellant did not raise the constitutional argument before the High Court, thus precluding consideration of the issue on jurisdictional grounds. The court also noted the need for legal reforms regarding the mandatory death penalty.
Outcome
Appeal dismissed
Orders
- The mandatory death sentence imposed on the appellant is upheld.
Authorities cited
Legislation (1)
- Penal Code
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.
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