Munuve Mwendwa & Musyoka Mwendwa v Republic [2018] KEHC 3517 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KITUI

CRIMINAL MISC. APPLICATION NO. 57 OF 2018

MUNUVE MWENDWA............................1ST APPLICANT

MUSYOKA MWENDWA.........................2ND APPLICANT

VERSUS

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

R U L I N G

1. By an application filed herein on the 11th June, 2018the Applicants seek review of the sentence imposed following their conviction for the offence of Robbery with Violencecontrary to Section 29(2)of the Penal Code.Their argument is that the mandatory nature of the sentence meted out is unconstitutional and therefore prejudicial to them.

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 Applicants were 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 3rd October, 2018for directions.

4. It is so ordered.

Dated, Signed and Delivered at Kitui this 27th day of September, 2018.

L. N. MUTENDE

JUDGE