Wangoro & another v Republic [2022] KEHC 13812 (KLR) | Resentencing | Esheria

Wangoro & another v Republic [2022] KEHC 13812 (KLR)

Full Case Text

Wangoro & another v Republic (Criminal Case E220 of 2021) [2022] KEHC 13812 (KLR) (6 October 2022) (Ruling)

Neutral citation: [2022] KEHC 13812 (KLR)

Republic of Kenya

In the High Court at Kiambu

Criminal Case E220 of 2021

MM Kasango, J

October 6, 2022

Between

Robert Wangoro

1st Applicant

David Wafula Manga

2nd Applicant

and

Republic

Respondent

Ruling

1. Robert Wangoroand David Wafula Mangawere convicted on October 23, 2009 before the Principal Magistrate’s Court, Githunguri with two counts of robbery with violence contrary to section 296(2) of the Penal Code. Both were sentenced to suffer death.

2. In August, 2019 both convicts sought to be resentenced in accordance with the Supreme Court’s decision of Francis Muruatetu. By a ruling of October 23, 2019 the court declined to re-sentence them and ordered the trial court’s sentence to be the sentence they were to serve.

3. Both convicts however prior to their resentencing hearing had their death sentence commuted by the president. The order in the aforesaid resentencing ruling that they would serve the trial court’s sentence had the effect of reversing the commutation of the convict’s sentence by the president. They both have moved this court for this court to order that their sentence be reinstated as per the order of the president.

Order 4. Having perused the trial court file and relying on the information provided by the Kamiti Prison more particularly by the letter dated July 7, 2022 by the officer in charge of Kamiti Maximum security prison, Japheth O. Muhandia (SP), I order as follows:- The order of president dated October 20, 2016 commuting the death sentence of Robert Wangoro and David Wafula Manga to life imprisonment is hereby reinstated.

RULING DATED and DELIVERED at KIAMBU this 6th day of OCTOBER, 2022. MARY KASANGOJUDGECoram:Court Assistant : Mourice/JuliaFor State :- Mr. KasyokaFor Accused :- No appearanceAccused : ROBERT WANGORO & DAVID WAFULA MANGA:- PresentCOURTRULING delivered virtually.MARY KASANGOJUDGE