[2019] KEHC 5124 (KLR)
The court found that, although the Penal Code prescribes a mandatory death sentence for murder, the Supreme Court has declared such mandatory sentencing unconstitutional. The court considered the accused's mitigation, including her advanced pregnancy, illness, youthful age, and first offender status. However, given...
Source-derived case information.
- Citation
- [2019] KEHC 5124 (KLR)
- Parties
- Respondent: Republic; Defendant: Benedette Njoki Gachinga
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 5 of 2014
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- accused sentenced to thirty years imprisonment
- Legal Topics
- Murder, Sentencing Discretion, Mitigation, Mandatory Death Penalty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Benedette Njoki Gachinga
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 Whether the mandatory death penalty for murder is constitutional in light of Supreme Court precedent.
- 2 What is the appropriate sentence for the accused given the facts, circumstances, and mitigation presented.
Ratio Decidendi
The court found that, although the Penal Code prescribes a mandatory death sentence for murder, the Supreme Court has declared such mandatory sentencing unconstitutional. The court considered the accused's mitigation, including her advanced pregnancy, illness, youthful age, and first offender status. However, given the heinous nature and gravity of the offence, the court determined that a non-custodial sentence was not appropriate. Exercising its discretion, the court imposed a custodial sentence of thirty years' imprisonment as fitting the circumstances of the case.
Court Disposition
accused sentenced to thirty years imprisonment
Orders
- The accused is sentenced to serve a term of thirty (30) years imprisonment.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NYERI
CRIMINAL CASE NO. 5 OF 2014
REPUBLIC
VERSUS
BENEDETTE NJOKI GACHINGA.............ACCUSED
RULING ON SENTENCE
1. The accused has been found guilty and has been convicted of the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code;
2. The mandatory sentence for murder under the Penal Code is death; the Supreme Court has held that the mandatory nature of the death penalty to be unconstitutional as it deprives an accused person the right to mitigate and also takes away the trial court’s jurisdiction to exercise its discretion to determine whether the death penalty is deserved and also to make a determination of the appropriate sentence from the facts and circumstances of the case; refer to Francis Karioko Muruatetu and Another vs Republic [2017]eKLR.
3. In mitigation made by counsel for the accused this court was urged to take into consideration the accused’s advanced pregnancy, her illness, her youthful age and also the fact that she is a first offender;
4. It is the duty of this court to impose a sentence that meets the facts and circumstances of the case; in this instance this court has considered the circumstances and gravity of the offence and also the mitigation offered; the crime committed was heinous and this court concludes that the accused is not deserving of a non-custodial sentence and finds that the imposing of a term sentence to be appropriate;
5. The accused is hereby sentenced to serve a term of thirty (30) years imprisonment;
Orders accordingly.
Dated, Signed and Delivered at Nyeri this 4th day of July, 2019.
HON.A.MSHILA
JUDGE