[2018] KEHC 712 (KLR)
The court, guided by the Supreme Court's decision in the Muruatetu case, held that the death penalty is not mandatory for murder and that sentencing should be individualized, taking into account the circumstances of the offender. The court considered the accused's age, family situation, and the period already spent...
Source-derived case information.
- Citation
- [2018] KEHC 712 (KLR)
- Parties
- Respondent: Republic; Defendant: Bernard Kirimi Kibaya
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 69 of 2013
- Procedural Posture
- Criminal Trial / Sentencing
- Outcome
- accused sentenced to 20 years imprisonment
- Judges
- F Gikonyo
- Legal Topics
- Sentencing Principles, Murder, Death Penalty, Mitigation, Rehabilitation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Bernard Kirimi Kibaya
Defendant
Procedural Posture
Criminal Trial / Sentencing
Legal Issues
- 1 Whether the death penalty is mandatory for murder after the Supreme Court decision in the Muruatetu case.
- 2 What is the appropriate sentence for the accused considering mitigation and restorative justice principles.
Ratio Decidendi
The court, guided by the Supreme Court's decision in the Muruatetu case, held that the death penalty is not mandatory for murder and that sentencing should be individualized, taking into account the circumstances of the offender. The court considered the accused's age, family situation, and the period already spent in custody. Emphasizing restorative justice and the need for rehabilitation, the court found that a sentence of 20 years' imprisonment was appropriate under Section 204 of the Penal Code, rather than the death penalty sought by the prosecution.
Court Disposition
accused sentenced to 20 years imprisonment
Orders
- The accused is sentenced to 20 years imprisonment as per Section 204 of the Penal Code.
- Right of appeal within 14 days.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
HIGH COURT CRIMINAL 69 OF 2013
REPUBLIC............................PROSECUTOR
VERSUS
BERNARD KIRIMI KIBAYA......ACCUSED
SENTENCE OF THE COURT
I have considered the Probation Officer’s Report. I have also considered the quest by the prosecution for death penalty. I have also considered the mitigation by the accused.
As we punish the accused, restorative justice should not be forgotten. Our Criminal justice system recognizes the need to rehabilitate the accused and make him socially acceptable and productive. And following the Supreme Court decision in Muruatetu case, death sentence is not mandatory. It is the maximum sentence available for murder. Given the age of the accused, the fact that he has a young family and that he has been in custody for about six years, I hereby sentence him to 20 (twenty) years imprisonment as per Section 204 of the Penal code. Right of appeal 14 days. Copy of judgment be supplied.
Dated, signed and delivered in open court at Meru this 4th day of December 2018
..........................
F. GIKONYO
JUDGE