Joash Sota Ratemo & 2 others v Republic [2019] KEHC 309 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KISII

MISC. APPLICATION NO. 7 OF 2018

1. JOASH SOTA RATEMO

2. NICHOLAS MAGATI OIGO

3. JULIUS NYAKUNDI MASENYA....................APPLICANTS

-VERSUS-

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

JUDGMENT- RESENTENCE

The applicants, Nicholas Magati, Julius Nyakundi Masenya and Joash Sota Ratemo were charged and convicted of the offence of murder.  They were sentenced to suffer death.

In their application they have stated that they were sentenced was later on commuted to a life sentence.  They were sentenced in 2016.  They have been in jail serving sentence since 2016.  They state they were remanded for 7 years.  They now seek a resentence in light of the Supreme Court decision in the case of Francis K. Muratetu & Another vs RSCK Petition No.15 of 2015that declared the death sentence to be unconstitutional.

I have read the proceedings and the judgment of the High Court. I also note that they have served about 3 years in jail and were held in custody for about 7 years.  The prosecution has suggested that they be resentenced to serve 18 years.

Having considered all the above and the circumstances of the case I resentence the applicants; Joash Sota Ratemo, Nicholas Magati Oigo, Julius Nyakundi Masenya each to serve 18 years from the date of sentence in court.  They have a right of appeal within 14 days.

Dated, signed and delivered at Kisii this 3rdday of October 2019.

R.E OUGO

JUDGE

In the presence of;

Joash Sota Ratemo  Present in person

Nicholas Magati Oigo Present in Person

Julius Nyakundi Masenya  Present in Person

Mr. Otieno  Senior Prosecution Counsel Office of the DPP

Ms. Rael    Rael