[2017] KEHC 7087 (KLR)
The accused was found guilty of murder under Section 203 as read with Section 204 of the Penal Code, having stabbed the deceased 15 times, causing her death. The court considered the period spent in remand, the accused's status as a first offender, and his personal circumstances, including being the sole...
Source-derived case information.
- Citation
- [2017] KEHC 7087 (KLR)
- Parties
- Applicant: Republic; Defendant: David Mara Karanja
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 5 of 2015
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- convicted and sentenced to death
- Legal Topics
- Murder, Sentencing, Penal Code Section 203, Penal Code Section 204, Remand Period, First Offender
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
David Mara Karanja
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused is guilty of murder contrary to Section 203 as read with Section 204 of the Penal Code.
- 2 What sentence should be imposed upon conviction for murder under Kenyan law.
- 3 Whether the period spent in remand and the accused's status as a first offender should affect sentencing.
Ratio Decidendi
The accused was found guilty of murder under Section 203 as read with Section 204 of the Penal Code, having stabbed the deceased 15 times, causing her death. The court considered the period spent in remand, the accused's status as a first offender, and his personal circumstances, including being the sole breadwinner. However, the law prescribes a mandatory death sentence for murder, leaving the court with no discretion to impose a lesser sentence. The lack of remorse shown by the accused was noted but did not alter the statutory requirement. Accordingly, the accused was sentenced to death as mandated by law.
Court Disposition
convicted and sentenced to death
Orders
- The accused is sentenced to death as by law prescribed.
- The accused has a right to appeal against both conviction and sentence within 14 days.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CRIMINAL CASE NO. 5 OF 2015
LESIIT J
REPUBLIC …………………………………………….... PROSECUTOR
VERSUS
DAVID MARA KARANJA ……………………..………..…. ACCUSED
SENTENCE
1. The accused person was charged with one count of murder contrary to Section 203 as read with Section 204 of the Penal Code.
2. I found the accused guilty of the murder charge and convicted him under Section 322 of the Criminal Procedure Code.
3. He was arraigned in court on the 12th of October 2015 and took plea on the 19th of October 2015.
4. I have considered the period the accused has been in remand during pendency of the trial. The accused was arrested on the 5th of October 2015. He has been in custody for a period of 1 year and 4 months.
5. The learned Prosecution Counsel urged the court to treat the accused as a first time offender as the state had no previous records of him if any. I am therefore treating him as a first time offender.
6. The Learned Defence Counsel told the court that the accused was 40 years of age and the sole breadwinner of his family.
7. I have considered the circumstances of the case. The accused and deceased were first cousins and were family.
The accused stabbed the deceased 15 times thereby causing untold pain and suffering before she died. I noted that despite what he did, the accused showed no remorse at all for his actions. I noted his mitigation gave no such indication which in my view is deliberate to show he is not sorry for his actions.
8. I have borne all these factors in mind before passing sentence. I have also considered Section 204 of the Penal Code which provides the sentence for the offence of murder contrary to section 203 of the Penal Code. It is a mandatory sentence for which the court has no discretion.
9. Having considered all these factors and the law, I sentence the accused to death as by law prescribed.
10. The accused has a right to appeal against both the conviction and the sentence within 14 days from the date of this sentence.
DATED AT NAIROBI THIS 14TH DAY OF MARCH, 2017.
LESIIT, J.
JUDGE.