[2014] KEHC 1313 (KLR)
The court found that the murder of a small, sickly child by her own parent was an act of cowardly and egregious violence. Given the circumstances, a deterrent sentence was necessary to reflect the gravity of the offence and to send a strong message against such acts. The court therefore imposed a sentence of...
Source-derived case information.
- Citation
- [2014] KEHC 1313 (KLR)
- Parties
- Applicant: Republic; Defendant: Francis Kariko Kimani
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 100 of 2010
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- convicted and sentenced
- Judges
- MJA Emukule
- Legal Topics
- Murder, Sentencing, Child Victims
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Francis Kariko Kimani
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 What is the appropriate sentence for the offence of murder committed by the accused against his own child.
Ratio Decidendi
The court found that the murder of a small, sickly child by her own parent was an act of cowardly and egregious violence. Given the circumstances, a deterrent sentence was necessary to reflect the gravity of the offence and to send a strong message against such acts. The court therefore imposed a sentence of thirty-five years imprisonment, with no possibility of parole for the first twenty years, to adequately punish the offender and deter similar conduct.
Court Disposition
convicted and sentenced
Orders
- The convict is sentenced to thirty-five years imprisonment without the option of parole for the first twenty years.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAKURU
CRIMINAL CASE NO. 100 OF 2010
REPUBLIC........................................................................................PROSECUTOR
VERSUS
FRANCIS KARIKO KIMANI.....................................................................ACCUSED
SENTENCE
Francis Kariko Mwangi (the Convict) was convicted of the offence of murder in a Judgment delivered on 5th December, 2014.
The killing of a small sickly child by the Convict, was a cowardly and dastardly violence inflicted upon one's own child. It calls for deterrent sentence.
I sentence the Convict to thirty-five years imprisonment without the option of parole for the first twenty years.
Dated, signed and delivered at Nakuru this 9th day December, 2014
M. J. ANYARA EMUKULE
JUDGE