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Mohammed Hussein Mohammed v. Republic

(2019) JELR 98990 (CA)

Court of Appeal  •  Criminal Appeal 126 of 2015  •  8 Feb 2019  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja

Judgement

JUDGMENT OF THE COURT

1. The appellant has preferred this second appeal challenging the death penalty meted out to him on account of his conviction for the offence of robbery with violence. His appeal is predicated on the ground that the sentence in question is not in accordance with the recent holding of the Supreme Court in Francis Karioko Muruatetu and another v. R [2017] eKLR (Muruatetu case). According to his counsel, Mr. Dome, the sentence should be proportionate to the degree of his culpability.

2. Mr. Dome urged that in the event we find that the sentence in issue ought to be reviewed we should review the same as opposed to remitting the matter back to the High court for purposes of preserving judicial time. He also argued that in determining the suitable sentence we should take into account that the appellant has been in custody for 8 years and that he is 33 years old. To buttress that line of argument, reliance was placed in this Court’s decision in Juma Anthony Kakai v. R [20…

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