[2022] KEHC 971 (KLR)
The court found that, although the law prescribes the death penalty for murder, the Supreme Court decision in Muruatetu declared the mandatory nature of the death sentence unconstitutional. The court considered the pre-sentence report, the mitigation by the accused, and the impact of the offence on the victim's...
Source-derived case information.
- Citation
- [2022] KEHC 971 (KLR)
- Parties
- Applicant: Republic; Defendant: Daniel Ndegwa Wachira
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 12 of 2015
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- The accused was sentenced to ten years imprisonment.
- Judges
- FN Muchemi
- Legal Topics
- Murder, Sentencing Guidelines, Death Penalty, Mitigation, Pre Sentence Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Daniel Ndegwa Wachira
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 Whether the accused should be sentenced to death or a term of imprisonment for the offence of murder.
- 2 Whether the circumstances and antecedents of the accused justify a non-custodial sentence.
Ratio Decidendi
The court found that, although the law prescribes the death penalty for murder, the Supreme Court decision in Muruatetu declared the mandatory nature of the death sentence unconstitutional. The court considered the pre-sentence report, the mitigation by the accused, and the impact of the offence on the victim's family and community. The accused was a first offender, but the offence involved the loss of an innocent life over a minor disagreement, resulting in significant trauma and hardship for the victim's family. The community remained hostile towards the accused, and the report did not recommend a non-custodial sentence. The court concluded that a deterrent custodial sentence was...
Court Disposition
The accused was sentenced to ten years imprisonment.
Orders
- The accused is hereby sentenced to serve ten (10) years imprisonment.
- Right of appeal explained to the accused.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NYERI
CRIMINAL CASE NO. 12 OF 2015
REPUBLIC................................PROSECUTOR
VERSUS
DANIEL NDEGWA WACHIRA.......ACCUSED
RULING ON SENTENCE
1. The accused was convicted of the offence of murder on 03/03/2022 contrary to Section 203 as read with Section 204 of the Penal Code.
2. The court directed that a pre-sentence report be filed. The ten-page report was filed on 14/03/2022 from the County Probation Office.
3. The offence of murder carries death sentence under Section 204. Although the law has not been amended it is trite law that the Francis Karioko Muruatetu & Another –Vs- Republic Supreme Court Petition No. 15 of 2015 changed the law on death sentence in that the mandatory nature of death sentence was declared unconstitutional. This means that depending on the circumstances of each case and antecedents of the accused, the court in murder cases must not impose the death penalty. An accused may be sentenced to a term of imprisonment or to a non-custodial sentence depending on the circumstances and antecedents of the case.
4. I have perused the pre-sentence report and noted that it is stated that there is hostility among the home community against the accused person. The Assistant Chief feared that the community could harm the accused if he is released on bond. He had to escape from his home at Umbui village Othaya to go and live in Nyahururu with his family because the local community was hostile. He also closed his carpentry workshop at Nyeri due to hostility of the villagers in his home area at Umbui village. The chief further states that there has been great tension in the village after the offence was committed. His house was burnt down after the commission of the offence.
5. The report did not recommend a non-custodial sentence but left the matter to the court to decide.
6. I have considered the contents of the report, the mitigation of the accused and the fact that he is a first offender. The fact that the deceased was slashed with a panga and died of the injury over a very minor disagreement is also noted. This was loss of an innocent life that left the victim’s family traumatized and wanting after losing the only breadwinner of the family. The report states that the children of the deceased have to be assisted through CDF bursaries for fees. It is further stated that the community had to build a house for the widow of the deceased through fund raising.
7. Having considered all the foregoing, I am of the considered view that the accused is not suitable for non-custodial sentence. In fact, he deserved a deterrent sentence to discourage would-be offenders in society.
F. MUCHEMI
JUDGE
Sentence
The accused is hereby sentenced to serve ten(10) years imprisonment right of Appeal.
DELIVERED, DATED AND SIGNED AT NYERI THIS 31ST DAY OF MARCH, 2022
F. MUCHEMI
JUDGE
JUDGEMENT DELIVERED THROUGH VIDEOLINK THIS 31ST DAY OF MARCH, 2022