[2023] KEHC 20628 (KLR)
The court found that the accused, having been detained since 1998 and found to be mentally stable, had served a period of 25 years, which was sufficient for his reformation. The presentence report recommended a non-custodial sentence, and the accused had demonstrated signs of rehabilitation. The court exercised its...
Source-derived case information.
- Citation
- [2023] KEHC 20628 (KLR)
- Parties
- Applicant: Director Of Public Prosecution; Defendant: Isaack M’Maru M’Munya
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 17 of 1999
- Procedural Posture
- Criminal Case / Sentence
- Outcome
- Accused sentenced to 25 years, already served; ordered released unless otherwise lawfully held.
- Judges
- TW Cherere
- Legal Topics
- Murder, Insanity Defence, Sentencing, President's Pleasure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Director Of Public Prosecution
Applicant
Isaack M’Maru M’Munya
Defendant
Procedural Posture
Criminal Case / Sentence
Legal Issues
- 1 Whether the accused, having been found guilty but insane, should continue to be held at the President's Pleasure or be sentenced.
- 2 Whether the period already served in custody is sufficient for the accused's reformation and release.
Ratio Decidendi
The court found that the accused, having been detained since 1998 and found to be mentally stable, had served a period of 25 years, which was sufficient for his reformation. The presentence report recommended a non-custodial sentence, and the accused had demonstrated signs of rehabilitation. The court exercised its discretion to sentence the accused to 25 years, which he had already served, and ordered his release unless otherwise lawfully held.
Court Disposition
Accused sentenced to 25 years, already served; ordered released unless otherwise lawfully held.
Orders
- Accused is sentenced to 25 years imprisonment, which he has already served.
- Accused shall be set at liberty unless otherwise lawfully held.
Full Case Text
Judgment text and source record
18 paragraphs
Director of Public Prosecution v M’Munya (Criminal Case 17 of 1999) [2023] KEHC 20628 (KLR) (20 July 2023) (Sentence)
Neutral citation: [2023] KEHC 20628 (KLR)
Republic of Kenya
In the High Court at Meru
Criminal Case 17 of 1999
TW Cherere, J
July 20, 2023
Between
Director Of Public Prosecution
Prosecution
and
Isaack M’Maru M’Munya
Accused
Sentence
1. Isaack M’Maru M’Imunya (Accused) was arrested on August 7, 1998 and was on September 7, 1998 arraigned for the offence of murder contrary to section 203 as read with Section 204 of the Penal Code.
2. By a judgment in delivered on February 13, 2007, Petitioner was found guilty but insane and the court under the powers donated by Section 166 (2) of the Criminal Procedure Codedirected that he be held at the President’s Pleasure.
3. By an order dated March 30, 2023, this court after having satisfied itself that Accused was mentally stable directed that the matter proceeds for sentence. A presentence report dated July 12, 2023 recommends a non-custodial sentence.1. Accused has undertaken various causes as a sign of reformation and will be in a position to easily integrate with the community once released.2. Accused has been in custody since 1998 which is period of 25 years and I have no doubt that it is sufficient for his reformation3. Consequently, Accused is sentenced to 25 years which he has already served. Accused shall therefore be set at liberty unless otherwise lawfully held.
DELIVERED AT MERU THIS 20TH DAY OF JULY 2023WAMAE. T. W. CHEREREJUDGEAppearancesCourt Assistant - Mr. KinotiAccused - PresentFor Accused - Mr. NgéntuFor the State - Ms. Rita (PC-1)