A sickly murder convict on death row had his sentence reduced to 40 years from the time of imprisonment by the High Court in Mombasa after his appeal on Thursday, April 9, to have him freed on medical grounds failed.
In his appeal, he accused the state of contravening his rights by continuing to detain him in prison which he argued violated his dignity and right to have respect whilst submitting that he suffers from high blood pressure and diabetes.
Peter Mote Obare was arrested on April 13, 2002, for shooting and murdering John Kamau Mukuhu with a gun inside his car and sent to hang in May 2007, his co-accused Gideon Kamau Mburu was let free after being found innocent.
Obero is amongst other death row inmates who petitioned the High Court to reduce their sentences after a Supreme Court determination that the law used to prosecute and convict them was partially unconstitutional.
The Supreme Court in December 2017 had determined then that Section 204 of the Penal Code under which capital crime suspects were tried and convicted was unconstitutional for prescribing the mandatory death penalty for capital crimes.
Obero appealed his conviction and sentencing based on the Supreme Court's determination in the Court of Appeal where he lost and subsequently his death sentence being changed to life imprisonment after a presidential decree.
Already in jail for 18 years, Obero will now only serve 22 years at the Shimo la Tewa Prison in Mombasa with the sentence being backdated to start from April 13, 2002, when he was arrested.
Although a death row sentence still exists in the Kenyan Constitution, the last death row executions to happen took place in July 1987 after the failed 1982 coup attempt.
Kenya Air Force Senior Private Hezekiah Ochuka, Pancras Oteyo Okumu and two other masterminds of the coup were convicted of treason, sentenced to death and subsequently hanged in July 1987.
They were the last convicts executed in Kenya with subsequent death row convictions being turned to life imprisonment.
