[2017] KEHC 1845 (KLR)
The court found that, despite the mitigating factors presented by the defence, the offence of murder as committed by the accused was inhuman, heinous, and callous, involving the battering to death of an innocent child left in her care. The law under section 204 of the Penal Code prescribes a mandatory death sentence...
Source-derived case information.
- Citation
- [2017] KEHC 1845 (KLR)
- Parties
- Respondent: Republic; Defendant: Eunice Wambui Njeri
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 108 of 2014
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- convicted and sentenced to death
- Judges
- AM Cockar
- Legal Topics
- Murder, Sentencing, Mitigation, Death Penalty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Eunice Wambui Njeri
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 Whether the accused should be sentenced to the mandatory death penalty for murder under section 204 of the Penal Code.
- 2 Whether mitigating circumstances presented by the defence warrant a non-custodial or lesser sentence.
Ratio Decidendi
The court found that, despite the mitigating factors presented by the defence, the offence of murder as committed by the accused was inhuman, heinous, and callous, involving the battering to death of an innocent child left in her care. The law under section 204 of the Penal Code prescribes a mandatory death sentence for murder, and the court held that it had no discretion to impose a lesser sentence. Consequently, the accused was sentenced to death as required by statute.
Court Disposition
convicted and sentenced to death
Orders
- The accused is sentenced to death.
- The accused has the right of appeal against conviction and sentence within 14 days.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
HIGH COURT CRIMINAL CASE NO. 108 OF 2014
REPUBLIC …………………………………PROSECUTION
VERSUS
EUNICE WAMBUI NJERI.......................................ACCUSED
RULING ON SENTENCE
1. The accused has been convicted of murder contrary to section 203 of the Penal Code.
2. I have considered that the State has treated her as a first offender which I have considered.
3. The defence counsel Mr. Njiri has made a passionate plea on behalf of the accused in mitigation which I have considered thus:
a) Accused is remorseful for offence;
b) Accused is an orphan;
c) She has 2 children aged 5 years and 1 ½ years. The latter who was born while accused was in custody and has persistent chest problems.
d) That the accused has been in custody during pendency of this trial.
e) That the accused learnt skills while in prison including making soap and youghurt.
f) That accused has gone through rehabilitation while in prison.
g) That accused pleads for a non-custodial sentence.
4. I have also considered the circumstances of the case. I take a serious view of it. The accused battered an innocent child left in her care until she died of the injuries the accused inflicted on her. That was inhuman, heinous and callous. It cannot be countenanced by this court even if the court had a discretion in sentencing.
5. The offence of murder attracts a mandatory death sentence provided under section 204 of the Penal Code.
6. Accordingly I sentence the accused to death. She has the right of appeal against the conviction and sentence within 14 days.
DATED AT NAIROBI THIS 15TH DAY OF MAY, 2017.
LESIIT, J
JUDGE