The judges, on the other hand, ruled that Cheruta s defense that was majorly pegged on the constitutionality of the death sentence he was handed was not sufficient.
“While it is true that the Supreme Court in the Francis Karioko Muruatetu vs Republic ruled that the mandatory aspect of the death sentence was unconstitutional as it denies the court discretion in sentencing, it did not outlaw the sentence,” said the judges.
They nonetheless observed that the sentence could only be imposed in appropriate circumstances.
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The judges ruled that Chiruta was involved in a robbery and a victim was shot dead in cold blood. In the circumstances, the death sentence that was imposed on him was appropriate.”