Dickson Mbeya Marende v Republic [2020] eKLR Case Summary

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Case Brief: Dickson Mbeya Marende v Republic [2020] eKLR

1. Case Information:
- Name of the Case: Dickson Mbeya Marende v. Republic
- Case Number: Misc. Criminal Application No. 431 of 2019
- Court: High Court of Kenya
- Date Delivered: September 24, 2020
- Category of Law: Criminal
- Judge(s): Lesiit, J.
- Country: Kenya

2. Questions Presented:
The central legal questions before the court were whether the Applicant, Dickson Mbeya Marende, was entitled to a re-sentencing based on the Supreme Court directives and the provisions of section 333(2) of the Criminal Procedure Code, and whether his sentence should be reduced from 25 years to a lesser term in light of his rehabilitation efforts and similar circumstances faced by his co-accused.

3. Facts of the Case:
The Applicant, Dickson Mbeya Marende, along with another individual, was charged with murder contrary to sections 203 and 204 of the Penal Code. They were convicted by the High Court on February 12, 2015, and their appeal to the Court of Appeal was dismissed on December 15, 2017. After exhausting his appellate options, Marende filed a Chamber Summons on September 23, 2019, seeking re-sentencing based on the Supreme Court's directives regarding sentencing. He argued for a reduction of his sentence to 3 years, citing his rehabilitation efforts while in prison and personal circumstances, including a sick child.

4. Procedural History:
After the conviction in 2015, Marende and his co-accused appealed the decision, which was dismissed by the Court of Appeal. Following this, Marende filed for re-sentencing in 2019. The prosecution opposed the application, emphasizing the violent nature of the crime. The court requested a Probation Report, which indicated a willingness from Marende's family to support his reintegration, while the victim's family expressed ongoing pain and hurt.

5. Analysis:
- Rules: The court considered the provisions of the Penal Code regarding murder and the Criminal Procedure Code, specifically section 333(2), which addresses the computation of sentences and the need for courts to consider mitigating factors during sentencing.
- Case Law: The court referenced the case involving Marende's co-accused, Robert Mwangi Koigi, whose sentence was reduced from 25 years to 7 years under similar circumstances. This precedent was significant in guiding the court's decision on Marende's application.
- Application: The court analyzed the nature of the attack, which was unprovoked and involved multiple assailants, including Marende. However, given the common intention established in law, Marende's culpability was affirmed. The court acknowledged Marende's rehabilitation efforts and the disparity between his sentence and that of his co-accused. Ultimately, the court decided to reduce his sentence to 7 years, aligning it with Koigi's revised sentence.

6. Conclusion:
The court granted Marende's application for re-sentencing, reducing his sentence from 25 years to 7 years, effective from the original sentencing date. The decision underscored the importance of equitable treatment in sentencing among co-accused individuals and acknowledged the potential for rehabilitation.

7. Dissent:
There were no dissenting opinions recorded in this case.

8. Summary:
The High Court of Kenya ruled in favor of Dickson Mbeya Marende, reducing his sentence for murder from 25 years to 7 years based on principles of fairness and rehabilitation. This case highlights the judicial system's recognition of reformative justice and equitable treatment in cases involving co-accused individuals. The ruling may have broader implications for future cases involving similar circumstances of co-defendants and considerations for re-sentencing based on rehabilitation efforts.