[2018] KEHC 1962 (KLR)
The court found that the manner in which the offence was committed—being a well-planned and targeted execution, with additional attempts to harm others—constituted aggravating circumstances that outweighed the mitigating factors presented by the defence. The judge determined that these facts called for the...
Source-derived case information.
- Citation
- [2018] KEHC 1962 (KLR)
- Parties
- Applicant: Republic; Defendant: Abdirahaman Mohamed Hajir
- Court
- High Court
- Court Station
- High Court at Garissa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 12 of 2014
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- accused sentenced to death for murder
- Judges
- GMA Dulu
- Legal Topics
- Murder, Sentencing, Death Penalty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Abdirahaman Mohamed Hajir
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused should be sentenced to death for the offence of murder.
- 2 Whether mitigating and aggravating factors affect the sentence.
Ratio Decidendi
The court found that the manner in which the offence was committed—being a well-planned and targeted execution, with additional attempts to harm others—constituted aggravating circumstances that outweighed the mitigating factors presented by the defence. The judge determined that these facts called for the imposition of the maximum penalty provided by law for murder, which is the death sentence. The accused's status as a first offender and family man was noted but did not suffice to reduce the sentence given the gravity and circumstances of the crime.
Court Disposition
accused sentenced to death for murder
Orders
- The accused is sentenced to suffer death as provided by law for the offence of murder.
- Right of appeal explained to the accused.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT GARISSA
CRIMINAL CASE NO. 12 OF 2014
REPUBLIC....................................................................PROSECUTOR
V E R S U S
ABDIRAHAMAN MOHAMED HAJIR............................ACCUSED
SENTENCE
I have considered the mitigating as well as the aggravating factors. The accused is a first offender. His counsel Mr. Nyaga has passionately said that he is a family man and comes from Ethiopia.
The maximum sentence for murder is death. The way the offence was committed was like a well-planned and targeted execution of the deceased. The accused also attempted to shoot those who chased him, and possibly threw a grenade at them. The attackers of the defenseless deceased were three. In my view, this is a case calling for the death penalty.
I sentence the accused to suffer death as provided by law for the offence of murder. Right of appeal explained.
Dated and delivered at Garissa this 26th November, 2018.
GEORGE DULU
JUDGE