By Andrew Kariuki
The High Court in Vihiga has allowed an application by a death row convict seeking review of his sentence in a robbery with violence case, paving the way for re-sentencing.
In a judgment delivered on March 24, 2026, Justice J. Kamau ruled in favour of petitioner Daniel Njihia Njuguna, who had challenged his death sentence imposed under Section 296(2) of the Penal Code.
Njuguna had previously exhausted all appeal avenues, including the High Court and the Court of Appeal, both of which upheld his conviction and sentence. However, he returned to court in January 2025 seeking a sentence review based on constitutional provisions and evolving jurisprudence on mandatory sentences.
In his application, the petitioner argued that the mandatory death sentence was unconstitutional and denied courts discretion in sentencing. He cited various legal precedents and constitutional provisions, including Article 50(2)(p), which guarantees the right to benefit from the least severe punishment.
He further urged the court to consider his mitigation, noting that he had taken responsibility for the offence, was a first offender, and had undergone rehabilitation while in custody.
The court found merit in the application, noting that it had jurisdiction to review the sentence under Article 50(2)(q) of the Constitution and did not need to remit the matter back to a lower court.
Justice Kamau directed that the petitioner provide documents to support his mitigation by May 16, 2026, while the Probation Office was ordered to file a pre-sentence report by April 30, 2026.
The petitioner is expected to appear before the court on May 7, 2026, for mitigation and re-sentencing.
The ruling reflects the growing shift in Kenya’s legal system toward reviewing mandatory sentences, particularly in light of constitutional protections and evolving sentencing guidelines.
