[2013] KEHC 5308 (KLR)
Although the Penal Code prescribes the death penalty for murder, the court is bound by the Court of Appeal's decision that the mandatory death sentence is unconstitutional for being inhuman and degrading. The accused, having been convicted of murdering his step brother in a brutal and uncalled for manner, and having...
Source-derived case information.
- Citation
- [2013] KEHC 5308 (KLR)
- Parties
- Applicant: Republic; Defendant: Jackton Kongo Simiyu
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 8 of 2005
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- convicted and sentenced
- Legal Topics
- Murder, Sentencing, Penal Code Section 203, Penal Code Section 204
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Jackton Kongo Simiyu
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused is liable for the offence of murder under Section 203 as read with Section 204 of the Penal Code.
- 2 What is the appropriate sentence for the offence of murder in light of recent jurisprudence outlawing the mandatory death penalty.
Ratio Decidendi
Although the Penal Code prescribes the death penalty for murder, the court is bound by the Court of Appeal's decision that the mandatory death sentence is unconstitutional for being inhuman and degrading. The accused, having been convicted of murdering his step brother in a brutal and uncalled for manner, and having been in remand since 2005, is sentenced to twenty years imprisonment. The court considered the circumstances of the case, the nature of the offence, and the period already spent in custody. The absence of mitigation by the defence did not affect the court's discretion in passing a lawful and proportionate sentence.
Court Disposition
convicted and sentenced
Orders
- The accused is sentenced to serve twenty (20) years imprisonment.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
High Court at Kakamega
Criminal Case 8 of 2005 [if gte mso 9]><xml>
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REPUBLIC ……..…………………………………………… PROSECUTOR
V E R S U S
JACKTON KONGO SIMIYU ..………………….....…..…………. ACCUSED
S E N T E N C E
The accused person was convicted of the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. The punishment for murder under our laws is death sentence. I am alive to the decision of the Court of Appeal that outlawed the death sentence for being inhuman and degrading.
The deceased herein was the accused’s step brother. The death was brutal and uncalled for. The accused has been in remand since 2005. Counsel for the accused opted not to mitigate and left the court to pass sentence. Taking the circumstances of the case, I do sentence the accused to serve Twenty (20) years imprisonment.
Delivered, dated and signed at Kakamega this 7th day of February, 2013.
SAID J. CHITEMBWE
J U D G E