Hamisi Abdalah Kombo v Republic [2018] KEHC 2523 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KITUI

CRIMINAL MISC. APPLICATION NO. 33 OF 2018

HAMISI ABDALAH KOMBO…......................................APPLICANT

VERSUS

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

R U L I N G

1. By an application filed herein on the 2nd  May, 2018the Applicant seeks review of the sentence imposed following his conviction for the offence of Robbery with Violencecontrary to Section 29(2)of the Penal Code.His argument is that the mandatory nature of the sentence meted out is unconstitutional and therefore prejudicial to him.

2. The application arises as a result of the decision of the Supreme Court in Francis Karioko Muruatetu & Another vs. Republic SCK Petition Number 15 of 2015 (2017) eKLR.A decision that declared the death sentence unconstitutional and referred the matter for re-sentencing.

3. By the nature of the offence the Applicant is charged with, the Court of the first instance was the Magistrate’s Court.  Consequently, I hereby remit the case to the Trial Court for re-sentencing.  Mention before the Chief Magistrate, Kitui on the 11th October, 2018for directions.

4. It is so ordered.

Dated, Signed and Delivered at Kitui this 3rd day of October 2018.

L. N. MUTENDE

JUDGE