Republic v Benjamin Nkunja Kiriamana [2019] KEHC 6267 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT KENYA AT MERU

HIGH COURT CRIMINAL PETITION NO 151 OF 2018

REPUBLIC …………………………………………………………..……. DPP

VERSUS

BENJAMIN NKUNJA KIRIAMANA ……………...……....……. ACCUSED

RE-S E N T E N C I N G

1. The Petitioner has petitioned that pursuant to the Muruatetu decision he be resentenced.

2. I have considered the mitigation. That he was a first offender. That he is remorseful and that he has learnt a trade for the time he has been in custody.

3. The state urged that the court do consider the seriousness of the offence.

4. Having considered the foregoing, I am a live to the fact that the petitioner’s accomplice stabbed the victim on the thigh by use of a pen knife during the robbery and that they robbed their victim a total sum of kshs. 1,950/= considering the foregoing, I set aside the death sentence and substitute therefor with a sentence for 20 years imprisonment from 1st sentence. Right of appeal 14 days.  Copy be supplied to accused.

A. MABEYA

JUDGE

28/6/2019