Sunday Lewa Daniel v Republic [2020] eKLR Case Summary

Court
High Court of Kenya at Malindi, Constitutional and Human Rights Division
Category
Criminal
Judge(s)
Hon. Justice R. Nyakundi
Judgment Date
October 23, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3

Case Brief: Sunday Lewa Daniel v. Republic

1. Case Information:
- Name of the Case: Sunday Lewa Daniel v Republic [2020] eKLR

- Case Number: Petition No. 6 of 2020
- Court: High Court of Kenya at Malindi, Constitutional and Human Rights Division
- Date Delivered: October 23, 2020
- Category of Law: Criminal
- Judge(s): Hon. Justice R. Nyakundi
- Country: Kenya

2. Questions Presented:
The central legal issues presented to the court involved whether the petitioner, Sunday Lewa Daniel, should be re-sentenced following the Supreme Court's declaration that the mandatory death sentence for robbery with violence is unconstitutional. Specifically, the court needed to determine an appropriate sentence that reflects the principles of proportionality and justice.

3. Facts of the Case:
The petitioner, Sunday Lewa Daniel, was initially charged, convicted, and sentenced to life imprisonment for robbery with violence under section 296(2) of the Penal Code. The conviction stemmed from a series of robberies that occurred in November 2007 at Katendwa and Kidemu trading centres in Bamba village, where victims were violently awakened and forced to surrender money and personal items. The petitioner appealed the conviction, but the appellate courts upheld the sentence. The Supreme Court's decision in *Francis Karioko Muruatetu & Another v. Republic* prompted the petitioner to seek re-sentencing, arguing that the previous mandatory death sentence should be set aside.

4. Procedural History:
The case progressed through the lower courts, where the petitioner was convicted and sentenced to life imprisonment. After his appeals were dismissed in both appellate courts, he filed a petition for re-sentencing in light of the Supreme Court's ruling in *Muruatetu*, which invalidated the mandatory death penalty for murder and was subsequently applied to robbery with violence cases, including the petitioner’s.

5. Analysis:
- Rules: The court examined relevant statutes, including section 296(2) of the Penal Code and section 333(2) of the Criminal Procedure Code, which mandates the consideration of time spent in custody during sentencing. The *Muruatetu* case established that mandatory minimum sentences could be unconstitutional, allowing for judicial discretion in sentencing.
- Case Law: The court cited several precedents, including *William Okungu Kittiny v. Republic*, which applied the *Muruatetu* ruling to robbery with violence. Other cases referenced, such as *Benjamin Kemboi Kipkone v. Republic* and *Paul Ouma Otieno v. Republic*, demonstrated how similar offenses were re-sentenced, typically to 20 years of imprisonment, reflecting the need for proportionality and consideration of mitigating factors.
- Application: The court applied the principles of proportionality and the guidelines from the *Muruatetu* case to the facts of the petitioner’s case. It noted the aggravating circumstances of the robbery, including the use of violence and weapons, but also considered the petitioner’s time served (approximately 12 years). Ultimately, the court decided to set aside the death sentence and substitute it with the time already served.

6. Conclusion:
The court ruled in favor of the petitioner, setting aside the life sentence and substituting it with a sentence reflecting the time already served. This decision underscored the importance of individualized sentencing and the application of constitutional principles in criminal justice, particularly in light of evolving interpretations of sentencing laws.

7. Dissent:
There were no dissenting opinions noted in the case brief.

8. Summary:
The High Court of Kenya ruled in *Sunday Lewa Daniel v. Republic* to set aside the mandatory life sentence previously imposed on the petitioner for robbery with violence, substituting it with a sentence of time already served. This case highlights the impact of the Supreme Court's *Muruatetu* decision on sentencing practices in Kenya, advocating for a more nuanced approach that considers the circumstances of each case and the principles of justice and proportionality in sentencing.

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