[2014] KEHC 2461 (KLR)
The court held that Section 204 of the Penal Code prescribes a mandatory death sentence for anyone convicted of murder. The judge found no mitigating circumstances presented by the accused, and the prosecution confirmed the accused had no previous record. The court concluded that, in accordance with the law, the...
Source-derived case information.
- Citation
- [2014] KEHC 2461 (KLR)
- Parties
- Respondent: Republic; Defendant: Anthony Wasiukhu Wenani
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 57 of 2009
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- convicted and sentenced to death
- Judges
- J Wakiaga
- Legal Topics
- Murder, Sentencing, Death Penalty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Anthony Wasiukhu Wenani
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 What is the appropriate sentence for a person convicted of murder under Kenyan law.
Ratio Decidendi
The court held that Section 204 of the Penal Code prescribes a mandatory death sentence for anyone convicted of murder. The judge found no mitigating circumstances presented by the accused, and the prosecution confirmed the accused had no previous record. The court concluded that, in accordance with the law, the only sentence available for the offence of murder is death. The judge therefore sentenced the accused to death as required by statute.
Court Disposition
convicted and sentenced to death
Orders
- The accused is sentenced to suffer death as provided for under the law.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
CRIMINAL CASE NO. 57 OF 2009
REPUBLIC …………………………………….................….. PROSECUTOR
-versus-
ANTHONY WASIUKHU WENANI............…....………..…………..ACCUSED
SENTENCE
1. The accused was convicted of the offence of murder on 27th day of June 2014 and when called upon to offer mitigation Mr. Njuguna for the accused submitted that in view of the nature of the sentence provided for he did not wish to offer any mitigation. Miss Maundu for the state submitted that the accused had no previous record.
2. Section 204 of the Penal Code provides the sentence as follows.
“Any person convicted of murder shall be sentenced to death”.
3. It therefore follows that the only legal sentence provided for under the Penal Code for a person convicted of murder is death sentence.
4. I having taken into account the conduct of the accused and after the commission of the offence I hereby sentence him to suffer death as provided for under the law.
5. Dated, signed and delivered at Nyeri this 15th day of October 2014.
J. WAKIAGA
JUDGE
Court: Sentence read in open court in the presence of Mr. Njuguna for the accused and Mr. Njue for the state. The accused has 14 days right of appeal.
J. WAKIAGA
JUDGE