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JudgmentDESTERIOUS SAMUEL JAMES VS The Republic2 min read

DESTERIOUS SAMUEL JAMES VS The Republic

High Court at Bungoma High Court · · Rose Ougo

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT BUNGOMA

PETITION NO. 33 OF 2019

IN THE MATTER IMPUGNED UNDER ARTICLE 23 (1),165 (3) (B)(D)(1),50(2),25 (C) (D),51 (1)AND 163 OF THE CONSTITUTION OF KENYA 2010  AND SECTION 296 (2) OF THE PENAL CODE.

AND

IN THE MATTER OF ARTICLE  20 (1) (4),21 (1), 48,258 (III) OF THE CONSTITUTION OF KENYA  2010

AND

IN THE MATTER OF CONTRAVENTION OF FUNDAMENTAL RIGHTS  AND FREEDOMS UNDER ARTICLE  25 (A) (C), 26 (1), 27  (1) (2),28,29 (D) (F) (2) AND ARTICLES  23 (1) UNDER SECTION (3) OF THE CONSTITUTION OF KENYA  2010

AND

IN THE MATTER ARISING FROM SECTION 295 (1) AS READ WITH SECTION 296 (2) OF THE PENAL CODE

BETWEEN

DESTERIOUS SAMUEL JAMES ……………………………. PETITIONER

VERSUS

REPUBLIC  ……………………………………………….. RESPONDENT

RULING ON SENTENCE

  1. The Petitioner stated his mitigation that he has been in jail since 2014.  He was 17 years old at the time the offence was committed, and he has become a better person.
  2. The prosecution drew the court’s attention to their submissions, where they requested the court to uphold the death sentence considering the circumstances of the offence.  The victims sustained grave injuries in the presence of the  2 children who were below 14 years old.  The victim was even raped in front of her children and left with lasting scars on the body and mind. 
  3. The petitioner committed a very serious offence of robbery with violence. The victim was under a brutal attack, which left children with scars on their bodies and minds for as long as they will live.  The robbery was brutal and uncalled for.  The photographs presented in court were grisly and heartbreaking.  The victims also lost property. In my view, though the applicant is said to be a first offender he deserves a stiff sentence.
  4. I have perused the court proceedings, and nowhere in the proceedings did the petitioner inform the trial court that he was 17 years old, nor did the court note that he was of a young age.  This wasn’t brought up during the trial.  It is being brought up at this stage. In my view, it is an afterthought.
  5. I therefore sentence the Petitioner, Desterious Samuel James, to serve thirty (30) years imprisonment.  The period he was in remand before sentence by the lower court and the years he has been in prison shall be taken into account when computing his sentence. 
  6. He has a right of appeal on the sentence.

Dated, signed, and delivered at Bungoma this 4th  day of April 2025.

R.E OUGO

JUDGE

In the presence of:

Desterious Samuel James / Petitioner 

Miss Kibet                                    For the Respondent/ ODDP

Wilkister                                -  C/A

    DESTERIOUS SAMUEL JAMES VS The Republic DESTERIOUS SAMUEL JAMES VS The Republic