The High Court in Kakamega has set free two men on the death row for robbery with violence after they successfully appealed for a re-sentencing.
The accused, George Mukolo and George Mukabana, were released on Monday after serving 15 years in prison.
Justice Jesse Njagi overturned the death sentence saying the 15 years the convicts have been in prison was enough punishment for the offence they committed.
“I am of the view that the time served is sufficient punishment. The death sentence is therefore set aside and substituted with the time served,” he ruled.
They two were convicted in 2004 after the court found them guilty of attacking and robbing Mr Douglous Isiakho at Shivakala in Kakamega County.
Mr Isiakho was unconscious for two weeks and had deep cuts following the machete attack. He also lost assorted goods worth Sh23,000.
After recuperating, he was able to identify his attackers leading to their arrest and conviction.
Justice Njagi noted that the offence committed was serious and deserved a deterrent judgement. But, he said a death sentence was not warranted.
In their appeal, the accused asked the court to consider the time they had already served and asked for a favourable sentence arguing that they were remorseful and that they had reformed.
“The pre-sentencing report is favourable as it indicated that the accused have been of good behaviour and they reformed while in custody. I ordered the two be released from custody forthwith unless lawfully held,” he ordered.
The accused filed the application for re-sentencing after their appeals at the High court and Court of Appeal were rejected.