Dalmas Magwa v Republic [2020] KEHC 7660 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KISUMU

(CORAM: CHERERE-J)

PETITION NO. 54 OF 2019

BETWEEN

DALMAS MAGWA.......................................................................PETITIONER

AND

REPUBLIC...................................................................................RESPONDENT

JUDGEMENT

Introduction

1. On 03rd September, 2004, the trial court in KISUMU CRIMINAL CASE NO.201 of 2004 convicted and sentenced the Petitioner herein and the Petitioner in PETITION NO. 16 OF 2018to death for the offence of robbery with violence contrary to section 296(2)of the Penal Code. The death sentence was later commuted to life imprisonment.

2. The Petitioner in PETITION NO. 16 OF 2018 was on 19th February, 2018 resentenced to serve 30 years’ imprisonment from                                03rd September, 2018.

3. Consequently, the Petitioner is resentenced to serve 30 years’ imprisonment from 03rd September, 2004when he was convicted and sentenced.

DELIVERED AND SIGNED IN KISUMU THIS 05thDAY OF March, 2020

W. CHERERE

JUDGE

In the presence of-

Court Assistant        -  Amondi/Okodoi

Petitioner                 -  Present in person

For the State           - Ms. Gathu