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David Kiplangat Rono alias Rasta v. Republic

(2019) JELR 102838 (CA)

Court of Appeal  •  Criminal Appeal 184 of 2013  •  19 Mar 2019  •  Kenya

Coram
Sankale ole Kantai, Fatuma sichale, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

The appellant, DAVID KIPLANGAT RONO also known as RASTA was tried and convicted of the offence of robbery with violence contrary to section 296(2) of the Penal Code. He was sentenced on 25th May, 2011 to suffer death. His first appeal to the High Court of Kenya at Kericho was dismissed in a judgment delivered on 24th October, 2013. The appellant thereafter appealed to this Court. When the appeal came up for hearing today Miss Kabalika, learned counsel for the appellant urged the only ground taken in Memorandum of Appeal filed on 15th March, 2019. The same relate to the sentence of death imposed on the appellant. According to counsel the mandatory nature of the death sentence

has since been held by the Supreme Court of Kenya to be unconstitutional and for this reason we are urged to refer the matter to the trial court for resentencing.

Mr. Baraka, learned Prosecution Counsel agrees.

We have considered the application and are aware of the new jurisprudence in this coun…

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