1. The Applicant filed an application seeking for review of his sentence pursuant to the holding in Malindi Criminal Appeal No. 12 of 2021, Julius Kitsao Manyeso v Republic in which it was held that life imprisonment is unconstitutional and unjustified discrimination, unfair and repugnant to the principle of equality before the law under Article 27 of the Constitution and that it is also inhumane treatment and violates the right to dignity under Article 28.
2. The Applicant was sentenced to death for the offence of robbery with violence after being arrested in December 2023. His death sentence was subsequently commuted to life imprisonment. Inconsideration of the Court of Appeal decision, this court finds that the Applicant is entitled to have his life sentence substituted to a determinate sentence. In the circumstances, the life sentence is substituted with 30 years imprisonment which shall run from 5th January 1994 when he was arraigned in court. This was in consideration of the fact that prior to the promulgation of the Constitution in 2010, all capital offences were not bailable.
3. The Applicant will however remain under supervision of the probation officer for 3 years to be assisted to reintegrate into society and also not to slide back into crime.
Dated, signed and delivered in Open Court/online through MS TEAMS,
This 20th day of June 2024
In the presence of: -
Etropia- Court Assistant
Ms. Maina for the Respondent
Applicant present in person