Cyrus Nyamache Nyabuti & another v Republic [2019] KEHC 4678 (KLR)
- Court
- High Court of Kenya
- Case number
- 4678
- Citation
- [2019] KEHC 4678 (KLR)
- Decided
- 13 June 2019
Summary at a glance
TypeConstitutional PetitionPostureAppeal from a conviction and death sentenceCoramR.E.OUGO
The court sentences the petitioners to 15 years in prison, from the date of their conviction.
Facts
Petitioners were convicted of robbery with violence and sentenced to death. Their appeal was dismissed. They rely on a Supreme Court decision declaring the mandatory death penalty unconstitutional.
Issues
- Validity of the mandatory death penalty under section 296(2) and 297(2) of the Penal Code
- Discretion of the court in sentencing
Reasoning
The court upholds the petitioners' appeal, finding that the mandatory death penalty is unconstitutional and that the court has discretion in sentencing.
Outcome
Affirmed
Authorities cited
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