[2015] KEHC 2528 (KLR)
The court found that, despite the accused's personal circumstances and plea for leniency, the law under Section 204 of the Penal Code prescribes a mandatory death sentence for murder. The court considered the manner in which the offence was committed, including the accused's conduct after the crime, and determined...
Source-derived case information.
- Citation
- [2015] KEHC 2528 (KLR)
- Parties
- Respondent: Republic; Defendant: James Edapal Langalon
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 50 of 2010
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- Accused sentenced to death as mandated by law.
- Judges
- A Mshila
- Legal Topics
- Murder, Sentencing, Mandatory Death Penalty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
James Edapal Langalon
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 Whether the accused should be sentenced to death as mandated by Section 204 of the Penal Code for the offence of murder.
- 2 Whether mitigating circumstances such as family responsibilities and remorsefulness can affect the sentence for murder.
Ratio Decidendi
The court found that, despite the accused's personal circumstances and plea for leniency, the law under Section 204 of the Penal Code prescribes a mandatory death sentence for murder. The court considered the manner in which the offence was committed, including the accused's conduct after the crime, and determined that the law does not allow for a non-custodial sentence in such cases. The court relied on statutory provisions and binding precedent to conclude that it had no discretion but to impose the death penalty.
Court Disposition
Accused sentenced to death as mandated by law.
Orders
- The accused is sentenced to death as provided under Section 204 of the Penal Code.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL CASE NO.50 OF 2010
REPUBLIC..............................................PROSECUTOR
VERSUS
JAMES EDAPAL LANGALON.......................ACCUSED
RULING ON SENTENCE
The Accused was charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code.
On the 15th day of December, 2014 the Accused was found guilty of the offence and convicted accordingly. Section 204 of the Penal Code provides for the death penalty for any person convicted of the offence of murder.
Counsel for the Accused in mitigation requested for leniency when passing sentence. That the Accused had two (2) wives and fifteen (15) children who were dependant on him for shelter, education and subsistence.
Prosecuting Counsel for the State in response stated that the above notwithstanding and even though the Accused was a 1st offender, the sentence should be in accordance with the Law.
I have taken into consideration the circumstances in which the offence was committed and the demeanor of the Accused thereafter. Even though the counsel for the Accused states that the Accused is remorseful, the manner the accused left the crime scene, smacks of insensitivity.. He made no effort to have the Deceased rushed to hospital after attacking her and left her unconscious and lying on the ground and proceeded to to his home.
Despite his age and very large family, it is the court's considered view that the law does not envisage a non-custodial sentence for such an offence.
The present status of the law is that Section 204 of the Penal Code provides for the only sentence to be meted out for the crime of murder is the mandatory death sentence. Refer to the Court of Appeal Decision in Wilson Thirimbu Mwangi V. Republic [2013] eKLR.
Accordingly, I hereby sentence the Accused to death as provided for under Section 204 of the Penal Code.
Orders accordingly.
Dated, Signed and Delivered at Nakuru this 26th day of June, 2015.
A. MSHILA
JUDGE