Ayub Bainito v Republic [2020] eKLR Case Summary

Court
High Court of Kenya at Kakamega
Category
Criminal
Judge(s)
J. N. Njagi
Judgment Date
September 30, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the Ayub Bainito v Republic [2020] eKLR case summary, highlighting key legal findings and implications. Gain insights into the judicial reasoning and outcome of this significant ruling.

Case Brief: Ayub Bainito v Republic [2020] eKLR

1. Case Information:
- Name of the Case: Ayub Bainito v. Republic
- Case Number: Criminal Petition No. 73 of 2019
- Court: High Court of Kenya at Kakamega
- Date Delivered: 30th September 2020
- Category of Law: Criminal
- Judge(s): J. N. Njagi
- Country: Kenya

2. Questions Presented:
The central legal issue in this case is whether the petitioner, Ayub Bainito, should be re-sentenced following the Supreme Court's decision in Francis Karioko Muruatetu & Another v. Republic, which deemed the mandatory death sentence for murder unconstitutional. Specifically, the court must determine an appropriate sentence for Bainito in light of his reformation, the circumstances of the crime, and the time already served.

3. Facts of the Case:
The petitioner, Ayub Bainito, was convicted of murder on 17th May 2002 under sections 203 and 204 of the Penal Code, leading to a mandatory death sentence. His conviction stemmed from an incident during which he fatally stabbed the victim at a burial night vigil, reportedly following a drunken altercation over women. At the time of conviction, Bainito was 19 years old and has since served nearly 23 years in custody. He has expressed remorse, completed various rehabilitation courses, and demonstrated good behavior while incarcerated. A pre-sentencing report indicated community support for his release and highlighted his family's willingness to reintegrate him.

4. Procedural History:
Bainito's initial conviction was upheld by the Court of Appeal, but he later sought re-sentencing based on the Muruatetu decision, which allows for judicial discretion in sentencing rather than a mandatory death penalty. The High Court considered the pre-sentencing report, testimonies from community members, and comparative sentences from similar cases.

5. Analysis:
- Rules: The court evaluated the relevant legal framework, including the Penal Code's provisions on murder and the implications of the Muruatetu ruling, which established that mandatory sentences violate the constitutional principle of proportionality in sentencing.
- Case Law: The court referenced several precedents, including Ambani v. Republic, which emphasized that sentences should reflect the moral blameworthiness of the offender, and cases like Nicholas Mukila Ndetei v. Republic, which outlined considerations for re-sentencing hearings. The court also considered comparative cases where sentences were modified based on circumstances similar to Bainito's.
- Application: The court applied the principles established in the aforementioned cases to Bainito's situation, weighing his age at the time of the crime, the length of his incarceration, his rehabilitative efforts, and the community's support for his release. The court concluded that the death sentence was disproportionate, given the circumstances of the crime and Bainito's transformation while in prison.

6. Conclusion:
The High Court determined that the death sentence imposed on Ayub Bainito was excessive and set it aside, substituting it with a sentence of time already served. The court highlighted the importance of rehabilitation and community reintegration, ultimately granting Bainito his freedom.

7. Dissent:
There was no dissenting opinion recorded in this case.

8. Summary:
The High Court of Kenya ruled in favor of Ayub Bainito, setting aside his death sentence and releasing him after 22 years of incarceration. This case underscores the evolving judicial approach to sentencing in light of constitutional principles and the importance of rehabilitation, highlighting the potential for reintegration of offenders into society. The decision reflects a significant shift towards a more individualized and humane approach to sentencing in Kenya's criminal justice system.

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