Republic v Samuel Githinji Kimaru [2018] KEHC 3717 (KLR)

Facts

The Applicant and two others were convicted and sentenced to death for robbery with violence in 2008. The Supreme Court later declared the mandatory death penalty unconstitutional.

Issues

1. Whether the death penalty is the appropriate sentence for robbery with violence
2. What mitigating and aggravating factors should be considered in sentencing

Reasoning

The court considers mitigating factors such as the applicant's first offense and willingness to reform, and aggravating factors such as the use of guns and organized gang involvement. The death penalty is deemed too severe given the mitigating factors.

Outcome

Re-sentencing to 20 years imprisonment

Authorities cited