minimum sentences

Zimbabwe’s high court urges parliamentary rethink of minimum sentence provisions, including question of ‘special circumstances’

A magistrate’s conviction of a young man accused of stealing a ‘chair plate’ belonging to the National Railways of Zimbabwe (NRZ) from a ‘scrapheap’ and sending him to jail for an effective term of 10 years, has been overturned by the high court in Harare. The court, however, also used the occasion to urge that when an accused faces a mandatory minimum sentence, as happened here, they should be entitled to state-funded legal representation.

Read judgment

First, the facts about the matter that came before high court judge, Joseph Chilimbe, who wrote the decision, and his colleague, Sylvia Chirawu-Mugomba.

Death penalty case re-visited by Kenya supreme court

Kenya’s supreme court has given special directions in relation to follow-up of its landmark 2017 decision in relation to the mandatory death penalty. At a special sitting of the court, its members questioned a number of court decisions delivered in the wake of the watershed case of Francis Muruatetu and said that the confusion that had arisen needed to be resolved.

Read court’s special directions

 

The case of Francis Muruatetu and another convict made world headlines in December 2017 when Kenya’s highest court declared that the mandatory death penalty for murder, imposed in the case of the two men, was unconstitutional.

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