[2021] KEHC 3480 (KLR)
The court found that although the offence of murder is grave and attracts the death penalty, the Supreme Court decision in Muruatetu rendered the mandatory death sentence unconstitutional, granting the court discretion. The court considered the premeditated nature of the offence, the loss of an innocent life, and...
Source-derived case information.
- Citation
- [2021] KEHC 3480 (KLR)
- Parties
- Applicant: Republic; Defendant: Charles Kang’ethe Kamande
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 3 of 2017
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- accused sentenced to ten years imprisonment, with time served to be deducted
- Judges
- K Kimondo
- Legal Topics
- Murder, Sentencing Discretion, Death Penalty, Mitigation, Premeditation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Charles Kang’ethe Kamande
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused should be sentenced to death or a lesser sentence for the offence of murder.
- 2 What factors should guide the court in determining the appropriate sentence for the accused.
Ratio Decidendi
The court found that although the offence of murder is grave and attracts the death penalty, the Supreme Court decision in Muruatetu rendered the mandatory death sentence unconstitutional, granting the court discretion. The court considered the premeditated nature of the offence, the loss of an innocent life, and the accused's genuine remorse and status as a first offender. Balancing these factors, the court determined that a custodial sentence of ten years imprisonment was appropriate, with the period already served in custody to be deducted.
Court Disposition
accused sentenced to ten years imprisonment, with time served to be deducted
Orders
- The accused is sentenced to ten (10) years imprisonment.
- The period served by the accused in custody from 18th January 2017 to date shall be deducted from the sentence.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MURANG’A
CRIMINAL CASE NO. 3 OF 2017
REPUBLIC.........................................................PROSECUTOR
VERSUS
CHARLES KANG’ETHE KAMANDE...................ACCUSED
SENTENCE
1. The accused has unequivocally pleaded guilty for the offence of murder.The deceased was his wife. From the statement of facts, the motive was annoyance over alleged illicit affair between the deceased and unnamed person(s).
2. This is a grave felony that attracts the sentence of death. However, following the landmark decision of the Supreme Court in Francis Karioko Muruatetu & another v Republic, Consolidated Petitions Nos. 15 & 16 of 2015 [2017] eKLR, the mandatory nature of the death sentence as provided for under Section 204 of the Penal Code was declared unconstitutional. This did not outlaw the death penalty, but it left the court with discretion to impose a lighter sentence.
3. I have considered the circumstances surrounding this offence. The accused planned the murder over a period of time. He used a sharp panga to hack the deceased to death. The offence was clearly pre-meditated and an innocent life was lost. I have also taken into account the mitigation tendered by his counsel. The accused is a first offender and has expressed genuine remorse for his actions.
4. The rule of thumb is that sentence should be commensurate to the moral blameworthiness of the offenderbut also guided by the nature and gravity of crime. Justice in this case calls for a custodial sentence. Doing the best that I can, I sentence the accused to ten (10) years imprisonment. The period served by the accused in custody from the date of his arrest on 18th January 2017 to date shall be deducted from this sentence.
5. The accused has a right of appeal to the Court of Appeal within 14 days and as per the Rules of that Court. A copy of the proceedings and sentence shall be supplied to him immediately.
It is so ordered.
DATED, SIGNED AND DELIVERED AT MURANG’A THIS 5TH DAY OF OCTOBER 2021.
KANYI KIMONDO
JUDGE
Sentence read in open court in the presence of-
Accused.
Ms. A. Gakumu for the Republic.
Ms. Dorcas Waichuhi, Court Assistant.