[2017] KEHC 5983 (KLR)
The court found the accused guilty of murder under section 203 of the Penal Code, noting the aggravating circumstances of the offence, including the cruel manner in which the deceased was killed and the attempt to conceal the crime. Despite the accused being a first offender with no previous criminal record and the...
Source-derived case information.
- Citation
- [2017] KEHC 5983 (KLR)
- Parties
- Applicant: Republic; Defendant: Geofrey Wambua Musau alias Mutua
- Court
- High Court
- Court Station
- High Court at Kajiado
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 8 of 2015
- Procedural Posture
- Criminal Case / Sentencing and Verdict
- Outcome
- convicted and sentenced to death
- Judges
- DB Nyakundi
- Legal Topics
- Murder, Sentencing Principles, Death Penalty, Mitigation, First Offender
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Geofrey Wambua Musau alias Mutua
Defendant
Procedural Posture
Criminal Case / Sentencing and Verdict
Legal Issues
- 1 Whether the accused is guilty of murder contrary to section 203 of the Penal Code.
- 2 What is the appropriate sentence for the offence of murder under section 204 of the Penal Code.
- 3 Whether mitigating factors such as lack of previous criminal record and remorse should affect the sentence.
Ratio Decidendi
The court found the accused guilty of murder under section 203 of the Penal Code, noting the aggravating circumstances of the offence, including the cruel manner in which the deceased was killed and the attempt to conceal the crime. Despite the accused being a first offender with no previous criminal record and the mitigation advanced by his counsel, the court held that the law mandates the death penalty for murder as prescribed by section 204 of the Penal Code. The court considered relevant case law and sentencing principles, concluding that the gravity and depravity of the offence outweighed the mitigating factors, and thus imposed the death sentence as required by law.
Court Disposition
convicted and sentenced to death
Orders
- The accused is sentenced to suffer death as per section 204 of the Penal Code.
- The accused has 14 days right of appeal to the Court of Appeal.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAJIADO
CRIMINAL CASE NO. 8 OF 2015
REPUBLIC.............................................................PROSECUTOR
VERSUS
GEOFREY WAMBUA MUSAU alias MUTUA..............ACCUSED
SENTENCING REMARKS AND VERDICT
I now turn to the issue on sentence:
In this case you Geofrey Wambua Musau alias Mutua has been found guilty and convicted of murder contrary to section 203 and punishable under section 204 of the Penal Code.
The brief circumstances which emerged after a lengthy trial were that Rebecca Wanjeru the deceased whom you murdered stayed with you as a husband/wife relationship. The deceased was at the time of her death aged 33 years old who had been blessed with a young child of about 1½ year old. The evidence showed you brought her life to a cruel end abandoned here by locking the house you share together during her lifetime. This conduct can maybe presumed to further the motive of killing was to ensure that by the time her body was discovered may it could have decomposed beyond recognition. As a husband to the deceased you were in a position expected to protect the deceased from any risk of serious grievious harm.
In this case Ms Mageto the learned counsel who represented you advanced mitigation on your behalf. Learned counsel alleged that this court should consider that you are remorseful and regret the offence alleging you are still in denial. Learned counsel urged to consider that though the offence is serious, I exercise leniency in coming up with an appropriate sentence.
I have also the sentiments by Mr. Akula – the senior prosecution counsel who informed the court you have no previous criminal record. Mr. Akula further asked this court to take into account the principles of criminal law and that the offence of murder is a very serious crime which calls for appropriate sentence to mark the gravity of the offence.
This court made effort to have the victim impact statement from the deceased family but due to logistical issues that never materialized. The pre-sentence in relation to you which could have factored your profile, family background and the community input also was not availed by the probation officer.
In passing sentence in this case I shall approach it by first discussing the principles of sentencing as set out in various persuasive authorities. In the case of Republic v Bull Cr. Appeal 1951 the court laid down the guiding principles as follows:
“In deciding the appropriate sentence a court should always be guided by certain considerations. The first and foremost is the public interest. The criminal law is publicly enforced not only with the object of punishing crime but also in the hope of preventing it.”
In the case of Bachan Singh v State of Punjab [1980] 2 S CC 684 the Supreme Court observed on death sentence and held thus:
“Extreme depravity constitute legitimate special reason for award of death sentence and further held: that in many cases, the extremely cruel or beastly manner of the commission of murder is itself a demonstrated index of the depraved character of the perpetrator. That is why it is not desirable to consider the circumstances of the crime and the circumstances of the criminal in two separate watertight compartments.”
If murder involves exceptional depravity, it shall be an aggravating circumstance for imposition of a death penalty. In our own jurisdiction in the case of Joseph Njuguna Mwaura & 2 Others v Republic Cr. Appeal No. 5 of 2008 the Court of Appeal has affirmed the death penalty as a lawful sentence for heinous crime like robbery with violence, treason and murder.
Applying the above principles in your case I have taken into account the mitigations and further that you are a first offender with no previous criminal record. Nevertheless I am obligated to apply the law on sentence on murder as prescribed by parliament under section 204 of the Penal Code.
As a result I sentence you to suffer death as per law established. 14 days right of appeal to the Court of Appeal.
Dated, delivered and signed in open court at Kajiado this 5th day of May, 2017.
……………....
R. NYAKUNDI
JUDGE
In the presence of:
Ms Mageto for the accused present
Mr. Akula for Director of Public Prosecutions
Accused present
Mr. Mateli Court Assistant