[2018] KEHC 3630 (KLR)
The court considered the deliberate and unprovoked nature of the accused's assault, the fact that he is a first offender, his youth, and his remorsefulness. Guided by the Supreme Court decision in Francis Muruatetu & Another v. Republic, which removed the mandatory nature of the death penalty for murder, and by...
Source-derived case information.
- Citation
- [2018] KEHC 3630 (KLR)
- Parties
- Applicant: Republic; Defendant: Andrew Oreu Chemayai alias Rotich
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 25 of 2017
- Procedural Posture
- Criminal Case / Sentencing Ruling After Conviction for Murder
- Outcome
- accused sentenced to 20 years imprisonment for murder
- Legal Topics
- Murder, Sentencing Guidelines, Mitigation, Penal Code Section 203, Penal Code Section 204
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Andrew Oreu Chemayai alias Rotich
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling After Conviction for Murder
Legal Issues
- 1 Whether the accused should be sentenced to death or a term of imprisonment for the offence of murder.
- 2 What is the appropriate sentence for the accused given the circumstances of the offence and mitigation.
Ratio Decidendi
The court considered the deliberate and unprovoked nature of the accused's assault, the fact that he is a first offender, his youth, and his remorsefulness. Guided by the Supreme Court decision in Francis Muruatetu & Another v. Republic, which removed the mandatory nature of the death penalty for murder, and by sentencing precedents in similar cases, the court found that a custodial sentence of twenty years was appropriate. The court balanced the seriousness of the offence with the mitigating factors presented by the accused.
Court Disposition
accused sentenced to 20 years imprisonment for murder
Orders
- The accused, Andrew Oreu Chemayai alias Rotich, is sentenced to twenty (20) years imprisonment.
- Right of appeal explained.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO. 25 OF 2017
BETWEEN
REPUBLIC.....................................................................................PROSECUTOR
AND
ANDREW OREU CHEMAYAI alias ROTICH...................................ACCUSED
RULING ON SENTENCE
I have convicted the accused, ANDREW OREU CHEMAYAI alias ROTICH for the offence of murder contrary to section 203 as read with section 204 of the Penal Code. I am alive to the fact that following the decision of the Supreme Court in Francis Muruatetu & Another v. Republic [2018] eKLR, the death sentence is no longer mandatory upon conviction for the offence of murder.
The fact of the case disclose that the accused’s act of assaulting the deceased was deliberate and unprovoked. I take into account what was stated in mitigation that the accused was a first offender, he is a young person and that he prays for leniency and he is remorseful.
I have taken into account the sentencing imposed in cases of murder and robbery with violence (see Wycliffe Wangusi Mafura v.R [2018] eKLR, Paul Ouma Otieno & Another v. R [2018] eKLR which indicate the level of sentence to between 15 – 25 years. Given the deliberate nature of the accused’s act, I hereby sentence ANDREW OREU CHEMAYAI to twenty (20) years imprisonment. Right of appeal explained.
Ruling read and delivered in open Court this 4th October 2018.
D.S Majanja
Judge
Mr. Otieno, Senior Prosecution Counsel, instructed by Office of Director of Prosecutions
Mr. Okenye, Advocate for the Accused