Philip Muriuki Ambao v Republic [2021] KEHC 1048 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

(CORAM: CHERERE- J.)

CRIMINAL PETITION NO. E011 OF 2021

BETWEEN

PHILIP MURIUKI AMBAO....................................................................PETITIONER

AND

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

JUDGMENT

1)    Petitioner was on 07th June, 2012 sentenced to suffer death for the offfence of murder. His appeal to the Court of Appeal vide Philip Kariuki Ambao v Republic [2016] eKLRwas dismissed on 19th October, 2016.

2)   Petitioner prays for resentence on the ground that he is remorseful and has been in custody for 13 years.

3)   The state through Ms.Mwaniki, learned counsel for the state submitted that the sentence imposed on the Petitioner was constitutional and urged the court to uphold it.

Analysis and Determination

4)   Death is a lawful sentence for murder.  The Supreme Court decision in Francis Karioki Muruatetu & Another v Republic & 5 others [2016] eKLR declaring the mandatory death sentence unconstitutional has necessitated resentencing of all persons previously sentenced to the mandatory minimum and maximum sentences.

5)   I have considered The Sentencing Policy Guidelines, 2016and its application which is intended to promote transparency, consistency and fairness in sentencing (See Michael Kathewa Laichena & another v Republic [2018] eKLR).

6)   Under the proviso to section 333(2) of the Criminal Procedure Code (Chapter 75 of the Laws of Kenya), the court is entitled to take into account the period the Petitioner has spent in custody in determining the sentence. The court record shows that the petitioner has served about 9 years.

7)   The Petitioner did not annex any certificate to demonstrate that he had undertaken any course as a means of reformation. He however submitted that he is remorseful and regrets his actions.

8)   Whereas no length of sentence can restore life, I re-sentence Petitioner tofifteen (15) years’imprisonment from 07th June, 2012 when he was convicted which time in my considered view will give him time to reflect on his actions and come out of prison a better person.

DELIVERED AT MERU THIS 09TH DAY OF DECEMBER 2021

T. W. CHERERE

JUDGE

In the presence of-

COURT ASSISTANT - KINOTI

PETITIONER - PRESENT

FOR THE STATE - MS. MWANIKI