Juma Beja Mwagusa v Director of Public Prosecutions [2019] KEHC 1547 (KLR)

THE REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MOMBASA

CONSTITUTIONAL AND HUMAN RIGHTS DIVISION

PETITION NO. 28 OF 2016

JUMA BEJA MWAGUSA......................................................PETITIONER

VERSUS

THE DIRECTOR OF PUBLIC PROSECUTIONS............RESPONDENT

28/11/2019

Before Hon. Justice E. Ogola

Court Assistant Kaunda

Petitioner in person

Court/Judgment

The petitioner herein was convicted of robbery with violence and sentenced to death. He has now served 18 years in jail.

The prosecution submitted that the petitioner be jailed to 21 years including the 18 years already served.

I have carefully considered the petition and the mitigation of the petitioner.  The petitioner is remorseful and I believe that he has reformed. Accordingly, therefore I hereby set aside the death sentence imposed upon the petitioner by the trial court and instead thereof I jail him for a term equivalent to the time already served in the jail with the result that the petitioner is hereby freed and released from jail unless otherwise lawfully held.

Orders accordingly.

E. K. O. OGOLA

JUDGE

28/11/2019