Republic v James Mwenda Meme [2019] KEHC 6329 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT KENYA AT MERU

HIGH  PETITION NO 124 OF 2018

REPUBLIC..............................................................DPP

VERSUS

JAMES MWENDA MEME......................ACCUSED

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

1. The petitioner has sought that his sentence of death for Robbery with violence be quashed and he be resentenced.

2. Pursuant to the declaration of the mandatory death sentence as unconstitutional the petitioner is entitled to have his sentence relooked at.

3. I have considered his mitigation and the report from the prisons.

4. I have considered that during the robbery dangerous weapons were used and goods totaling kshs 10,400 were stolen.

5. Considering all the foregoing, I quash the death sentence and substitute therefore with a sentence 20 years imprisonment copy be supplied. The sentence to run from the original sentence.

A. MABEYA

JUDGE

28/6/2019