[2021] KEHC 2427 (KLR)
The court found that the murder committed by the accused was aggravated by the context of domestic violence, specifically against his spouse while she was breastfeeding their child. The court held that there was no justification for the accused's actions and that such crimes are particularly heinous and on the rise...
Source-derived case information.
- Citation
- [2021] KEHC 2427 (KLR)
- Parties
- Applicant: Republic; Defendant: Feisal Ibrahim Yussuf
- Court
- High Court
- Court Station
- High Court at Garissa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 8 of 2018
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- convicted and sentenced to life imprisonment
- Judges
- A Ali-Aroni
- Legal Topics
- Murder, Domestic Violence, Sentencing Principles, Spousal Homicide
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Feisal Ibrahim Yussuf
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused should be shown mercy in sentencing for the crime of murder committed against his spouse.
- 2 Whether the circumstances of the offence, including domestic violence and the vulnerability of the victim, aggravate the sentence.
Ratio Decidendi
The court found that the murder committed by the accused was aggravated by the context of domestic violence, specifically against his spouse while she was breastfeeding their child. The court held that there was no justification for the accused's actions and that such crimes are particularly heinous and on the rise in the jurisdiction. The judge determined that the accused did not deserve mercy, and the seriousness of the offence, combined with the aggravating circumstances, warranted the maximum penalty of life imprisonment. The period spent in custody was considered but did not mitigate the severity of the sentence due to the nature of the crime.
Court Disposition
convicted and sentenced to life imprisonment
Orders
- The accused is sentenced to life imprisonment.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT GARISSA
CRIMINAL CASE NO. 8 OF 2018
REPUBLIC.........................................................................................PROSECUTION
VERSUS
FEISAL IBRAHIM YUSSUF.......................................................................ACCUSED
SENTENCE
I have read the Judgement of Kariuki J and considered the mitigation by the defence counsel. I have also considered that the accused has been in custody since the 7th January 2018.
All in all, the crime of murder must be rated amongst worst crimes against humanity, further this particular crime was committed in furtherance of domestic violence which is on the rise not only in this jurisdiction but the entire country.
We must all learn to restrain our anger and more so towards our spouses as was the case herein. There was absolutely no justification for the barbaric act of the accused and at the point where the deceased his wife and mother of his children was in the process of breastfeeding their child.
In view of this court, the accused does not deserve any mercy whatsoever and for the heinous crime the court will sentence him to life imprisonment.
DATED, DELIVERED AND SIGNED AT GARISSA THIS 28TH DAY OF OCTOBER, 2021.
.....................
ALI-ARONI
JUDGE