[2013] KEHC 5070 (KLR)
The court found that the accused's actions—sexually assaulting and killing an 11-year-old girl—were exceptionally heinous and undeserving of mercy. While the law prescribes the death penalty for murder, the court took judicial notice of the Court of Appeal's position that the death penalty is inhuman and degrading....
Source-derived case information.
- Citation
- [2013] KEHC 5070 (KLR)
- Parties
- Respondent: Republic; Defendant: Andrew Chitubi Musieba
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 4 of 2006
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- convicted and sentenced
- Legal Topics
- Murder, Sentencing, Death Penalty, Sexual Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Andrew Chitubi Musieba
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused is guilty of murder contrary to Section 203 as read with Section 204 of the Penal Code.
- 2 What is the appropriate sentence for the offence of murder in the circumstances of this case.
Ratio Decidendi
The court found that the accused's actions—sexually assaulting and killing an 11-year-old girl—were exceptionally heinous and undeserving of mercy. While the law prescribes the death penalty for murder, the court took judicial notice of the Court of Appeal's position that the death penalty is inhuman and degrading. Considering the circumstances, including the accused's personal situation and the gravity of the offence, the court exercised discretion and sentenced the accused to twenty-five years imprisonment instead of the death penalty.
Court Disposition
convicted and sentenced
Orders
- The accused is sentenced to serve twenty five (25) years imprisonment.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
High Court at Kakamega
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REPUBLIC ............................................................................... PROSECUTOR
V E R S U S
ANDREW CHITUBI MUSIEBA ................................................... ACCUSED
S E N T E N C E
The accused person was convicted of the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. Mr. Aburili, counsel for the accused submitted that the accused has a wife and four children. He is aged 42 years and is remorseful.
From the evidence on record, the deceased was a young lady aged 11 years old. She was sexually assaulted and then killed by the accused. I do find that the accused’s action was beastly and does not deserve any mercy from the court. The punishment for murder is death sentence under our laws. The Court of Appeal has ruled that the death penalty is inhuman and degrading.
Taking the circumstances of the case, I do sentence the accused to serve twenty five (25) years imprisonment.
Delivered, dated and signed at Kakamega this 31st day of January, 2013
SAID J. CHITEMBWE
J U D G E