[2023] KEHC 1375 (KLR)
The court found that although the deceased initiated the altercation by stabbing the accused, the accused's response—hitting the deceased several times with a blunt object—exceeded the bounds of self-defence and was unjustified. The court considered the four years the accused had already spent in remand and the...
Source-derived case information.
- Citation
- [2023] KEHC 1375 (KLR)
- Parties
- Applicant: Republic; Defendant: Isaac Gitonga Gakunya
- Court
- High Court
- Court Station
- High Court at Nyahururu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 10 of 2019
- Procedural Posture
- Criminal Case / Sentence
- Outcome
- convicted and sentenced
- Judges
- CM Kariuki
- Legal Topics
- Murder, Sentencing, Self Defence, Mitigation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Isaac Gitonga Gakunya
Defendant
Procedural Posture
Criminal Case / Sentence
Legal Issues
- 1 Whether the accused was guilty of murder beyond reasonable doubt.
- 2 Whether the accused's actions amounted to self-defence or exceeded it.
- 3 What sentence is appropriate considering the period spent in remand and circumstances of the offence.
Ratio Decidendi
The court found that although the deceased initiated the altercation by stabbing the accused, the accused's response—hitting the deceased several times with a blunt object—exceeded the bounds of self-defence and was unjustified. The court considered the four years the accused had already spent in remand and the circumstances of the offence, including the mutual intoxication and provocation, in determining the appropriate sentence. The accused was sentenced to serve eight more years' imprisonment from the date of judgment.
Court Disposition
convicted and sentenced
Orders
- The accused is sentenced to eight (8) years' imprisonment from the date of judgment.
Full Case Text
Judgment text and source record
22 paragraphs
Republic v Gakunya (Criminal Case 10 of 2019) [2023] KEHC 1375 (KLR) (2 March 2023) (Sentence)
Neutral citation: [2023] KEHC 1375 (KLR)
Republic of Kenya
In the High Court at Nyahururu
Criminal Case 10 of 2019
CM Kariuki, J
March 2, 2023
Between
Republic
Prosecutor
and
Isaac Gitonga Gakunya
Accused
Sentence
1. The Accused was charged with offence of murder. He pleaded not guilty and matter was heard and he was found guilty of offence of murder.
2. On conviction the prosecution informed court that previous records were not available but accused could be treated as a first offender.
3. The defence mitigated that accused has been in remand since May 2019 about four (4) years to date of sentence.
4. The circumstances leading to victim’s demise was occasioned by the acts of the deceased which generated fight in which he stabbed accused with knife on the face and accused reacted by hitting the deceased several times with a blunt object thus occasioning victim’s death it was also gathered from the evidence.
5. The two had taken alcohol. The accused could have hit deceased once down not to pursue hitting him severally. This exceeded self defence and unjustified.
6. Taking to account the period of about four (4) years he has been in custody and facts of the case.
7. The accused will serve and is sentenced to eight (8) more years imprisonment from the date of judgment.
DATED, SIGNED AND DELIVERED AT NYAHURURU THIS 2ND DAY OF MARCH 2023. CHARLES KARIUKIJUDGE