[2020] KEHC 121 (KLR)
The court found that the mandatory death sentence previously imposed on the petitioners was unconstitutional in light of the Supreme Court's decision in Francis Muruatetu & Others v Republic. The court considered the mitigating factors presented by the petitioners, including their lengthy period in custody (over 14...
Source-derived case information.
- Citation
- [2020] KEHC 121 (KLR)
- Parties
- Applicant: Jonah Muthee; Applicant: Shadrack Mutira; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Petition 127 & 130 of 2018
- Procedural Posture
- Constitutional Petition / Sentence Review Ruling
- Outcome
- sentence_varied
- Legal Topics
- Mandatory Death Sentence, Sentencing Discretion, Mitigating Factors, Murder Offence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jonah Muthee
Applicant
Shadrack Mutira
Applicant
Republic
Respondent
Procedural Posture
Constitutional Petition / Sentence Review Ruling
Legal Issues
- 1 Whether the mandatory death sentence for murder is unconstitutional in light of the Supreme Court decision in Francis Muruatetu and Others vs Republic [2017] eKLR.
- 2 Whether the petitioners are entitled to a review of their sentences based on mitigating factors and the new sentencing guidelines.
Ratio Decidendi
The court found that the mandatory death sentence previously imposed on the petitioners was unconstitutional in light of the Supreme Court's decision in Francis Muruatetu & Others v Republic. The court considered the mitigating factors presented by the petitioners, including their lengthy period in custody (over 14 years), recommendations from the Prisons Authority, and the general principles set out by the Supreme Court regarding sentencing discretion. Consequently, the court set aside the death sentence and substituted it with a determinate sentence of 12 years imprisonment from the date of the ruling, thereby giving effect to the constitutional requirement for individualized sentencing...
Court Disposition
sentence_varied
Orders
- The death sentence previously imposed on the petitioners is set aside.
- Each petitioner is sentenced to serve 12 years imprisonment from the date of this ruling.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
PETITION NO. 127 and 130 OF 2018
JONAH MUTHEE............................... 1ST PETITIONER
SHADRACK MUTIRA....................... 2ND PETITIONER
VERSUS
REPUBLIC...................................................RESPONDENT
RULING
1. The Petitioners, Jonah Muthee (Petition No. 127 of 2018) and Shadrack Mutura (Petition No. 130 of 2018)were jointly charged before the High Court at Meru with the offence of murder contrary to section 203 as read with section 204 of the Penal Code.
2. Particulars of the charge were that on the 19/3/2004 at Nchiru Market in Nkomo Location of Meru North district within the Eastern province they jointly murdered Jason Thuranira
3. Vide their respective Petitions filed on 14/6/2018, the petitioners petitioned this Court to review their sentences on the basis of the Supreme Court decision in the case of Francis Muruatetu and Others vs Republic [2017] eKLR.
4. In that case, the Supreme Court of Kenya held that the mandatory nature of the death sentence was unconstitutional as it denied the Trial Court its discretion in sentencing. The Court proceeded to set out the criteria or the principles that should guide a Court in sentencing. Some of the considerations are age of the offender, being a first offender, whether the offender pleaded guilty, the character and record of the offender, commission of the offence in response to gender-based violence, remorsefulness of the offender, the possibility of reform and social re-adaptation of the offender and any other factor that the Court considers relevant.
5. I have read through the judgment delivered on 18th January 2018m by Justice Ruth N. Sitati and inconsideration of the mitigating factors raised by the Petitioners and the recommendations by the Prisons Authority and the fact that the Petitioners have been in custody for over 14 years and being guided by Supreme Court Petition No. 15 and 16 of 2015, the sentence meted out against the petitioners is hereby set aside and lieu thereof they are sentenced to serve 12 years from the date of this ruling.
HON.ANNE ADWERA ONG’INJO
JUDGE
RULING DATED AND DELIVERED AT MERU ON THIS 24TH DAY OF SEPTEMBER 2020.
HON.ANNE ADWERA ONG’INJO
JUDGE