A High Court in Nakuru has freed two death row convicts after they spent 17 years in prison.
The prosecutor of the case, Jackson Motende, told the court that the circumstances of the case did not warrant for a death sentence which he termed as harsh.
The two, Samuel Mucheru and Geoffrey Mugo, were charged in 2001 with attacking Jacinta Wairimu armed with a somali sword, a panga and metal bars then fleeing with Ksh200,000.
Judge Joel Ngugi, while giving the ruling, stated that the death sentence was harsh and that the 17 years already served by the convicts were enough.
The judge compared the injuries sustained by the complainant and the sentence served then concluded that the evidence of the violence was minimal.
“The time served in prison by the petitioners would, given the circumstances here, serve all the sentencing, considering the nature of offence, its circumstances, the appeal and societal interests in denouncing the crime,” ruled the judge as reported by The Standard.
The ruling came after the two launched an appeal at the High Court claiming that they had reformed and apologised for their actions.
Mucheru vowed to apply all the skills he had acquired from prison once he gets out while Mugo stated that he was still young and that he is reformed.
Prosecutor Motende had told the court that reducing their sentence to 20 years would be suitable.
The death sentence was handed to them in June 2001 and the two had exhausted all their appeals but the court granted them one more chance.
