Borris Ken Solomon v Republic [2019] KEHC 758 (KLR)
- Court
- High Court of Kenya
- Case number
- 758
- Citation
- [2019] KEHC 758 (KLR)
- Decided
- 23 December 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeConstitutional PetitionPosturePetitioner's appeal from the High Court and Court of Appeal affirming the death sentence for robbery with violence.CoramR. Nyakundi
Holding
The death sentence is substituted with a custodial sentence of 12 years effective from 6th June, 2008.
Facts
The petitioner was convicted of robbery with violence and sentenced to death. The appeals to the High Court and Court of Appeal affirmed the conviction and sentence.
Issues
- Whether to permit the death sentence to apply or have it altered and substituted with any other sentence in conformity with the principles in Muruatetu case.
- Whether the petitioner's death penalty should be varied and substituted with a custodial sentence of 12 years.
Reasoning
The court considered the petitioner's age, lack of previous convictions, remorse, and transformation on death row. The aggravating factors were minimal, and the mitigation outweighed them.
Outcome
The petitioner is set free unless otherwise lawfully held.
Orders
- Substitute the death sentence with a custodial sentence of 12 years.
Authorities cited
Legislation (2)
- Penal Code
- Sexual Offences Act
Cases cited (2)
- Muruatetu v R 2017 eKLR
- Reyes v The Queen 2002 2 AC 235
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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