Jimmy Masila Kitema v Republic [2020] KEHC 2247 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT VOI

HCCPET  NO 23 OF 2019

JIMMY MASILA KITEMA.................PETITIONER

VERSUS

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

JUDGMENT

I have considered submissions herein.  The resentencing is now as matter of constitutional right, pursuant to Muruatetu case.

In considering the period, this court note that robbery with violence is a serious offence which must be deterred.   I have noted that the Petitioner did not injure anybody, but he stole a motor cycle and money.  I am persuaded that in the circumstance a jail term of twelve (12) years is sufficient.

The Petitioner is hereby jailed to serve a term of 12 years from the date of arrest.

E.OGOLA-JUDGE

22/10/2020