[2018] KEHC 3302 (KLR)
Despite the Supreme Court's pronouncement in the Muruatetu case that the death sentence is not mandatory, the court found that the circumstances of the offence—where the accused deliberately provoked a situation, left, returned armed, and viciously attacked and killed an unarmed person in his own shop—were...
Source-derived case information.
- Citation
- [2018] KEHC 3302 (KLR)
- Parties
- Applicant: Republic; Defendant: Boniface Ndavi Ngunia
- Court
- High Court
- Court Station
- High Court at Garissa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 10 of 2014
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- accused sentenced to death
- Judges
- GMA Dulu
- Legal Topics
- Sentencing Principles, Mitigation, Mandatory Death Sentence, Homicide, Judicial Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Boniface Ndavi Ngunia
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused should be sentenced to death in light of the Supreme Court decision in the Muruatetu case.
- 2 Whether the mitigation offered by the accused warrants a lesser sentence.
Ratio Decidendi
Despite the Supreme Court's pronouncement in the Muruatetu case that the death sentence is not mandatory, the court found that the circumstances of the offence—where the accused deliberately provoked a situation, left, returned armed, and viciously attacked and killed an unarmed person in his own shop—were sufficiently grave to warrant the imposition of the death penalty. The court considered the mitigation advanced by the defence, including the accused's remorse, apology, status as a first offender, and family circumstances, but determined that these factors did not outweigh the seriousness of the offence. The court thus exercised its discretion to impose the death sentence as provided...
Court Disposition
accused sentenced to death
Orders
- The accused is sentenced to suffer death as provided for by law.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT GARISSA
CRIMINAL CASE NO. 10 OF 2014
REPUBLIC…....................PROSECUTOR
VERSUS
BONIFACE NDAVI NGUNIA...ACCUSED
SENTENCE
1. I have considered that accused is a first offender. I have considered the mitigation offered by counsel for the defence that accused is remorseful and regrets and apologises for the offence. I have considered that the accused is a married man with children. I appreciate that in the Muruatetu case the Supreme Court pronounced death sentence not to be mandatory.
2. A death has however been caused. The accused appears to have deliberately provoked a situation, walked away and came back to the shop of the deceased armed, and viciously attacked and killed the deceased who was unarmed and was also in his own shop.
3. Having considered the mitigation of the accused, and the circumstances of the case, I sentence the accused to suffer death as provided for by law. The accused will thus suffer death as provided for by law.
Dated and delivered at Garissa this 15th day of October, 2018.
…….……………………
George Dulu
JUDGE