[2013] KEHC 4397 (KLR)
Although the offence of murder carries a mandatory death sentence, recent legal developments and the right to mitigation require the court to consider the accused's personal circumstances and the period spent in remand. The accused's voluntary surrender, age, ill health, and lack of clarity on the motive for the...
Source-derived case information.
- Citation
- [2013] KEHC 4397 (KLR)
- Parties
- Applicant: Republic; Defendant: James Murimi Kariuki
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 6 of 2008
- Procedural Posture
- Criminal Case / Ruling on Sentence; Post Conviction, Pre Sentencing
- Outcome
- Sentence deferred pending social inquiry report.
- Legal Topics
- Murder, Sentencing, Mitigation, Remand Period, Social Inquiry Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
James Murimi Kariuki
Defendant
Procedural Posture
Criminal Case / Ruling on Sentence; Post Conviction, Pre Sentencing
Legal Issues
- 1 Whether the accused should be sentenced to death or a lesser sentence in light of mitigation and current law.
- 2 Whether the period spent in remand and the accused's personal circumstances should affect the sentence.
- 3 Whether a social inquiry report is necessary before passing sentence.
Ratio Decidendi
Although the offence of murder carries a mandatory death sentence, recent legal developments and the right to mitigation require the court to consider the accused's personal circumstances and the period spent in remand. The accused's voluntary surrender, age, ill health, and lack of clarity on the motive for the offence are relevant mitigating factors. The court finds it necessary to obtain a detailed social inquiry report before determining the appropriate sentence, to ensure that all relevant factors are considered in accordance with the law and principles of justice.
Court Disposition
Sentence deferred pending social inquiry report.
Orders
- A detailed social inquiry report on the accused to be filed in court on or before 11/4/2013.
- Matter to be mentioned on 11/4/2013 for further directions.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
High Court at Embu
Criminal Case 6 of 2008 [if gte mso 9]><![endif]
REPUBLIC ….................................................................... PROSECUTOR
VERSUS
JAMES MURIMI KARIUKI .…………….............…..…............ ACCUSED
RULING ON SENTENCE
The accused was 1st arraigned in Court on 4/7/2008. He has been in Remand for almost 5 years. From the evidence adduced the accused and deceased must have been friends. They had been seen hanging out together just before the incident. The accused took himself to the police station. He even took the murder weapon to the police station. The offence the accused was charged with and convicted of carries a sentence of death. However the law now allows a person convicted of murder to mitigate. I have heard and considered the accused's mitigation in light of what I have stated above. None of the witnesses seemed to know what led to the stabbing of the deceased by the accused. The accused is an old man who appears sickly. Before considering the kind of sentence to pass I would wish to have a detailed social inquiry report on the accused person. The same to be filed in Court on or before 11/4/2013 when the matter will be mentioned.
DATED AND DELIVERED AT EMBU THIS 15TH DAY OF MARCH 2013.
H.I. ONG'UDI
J U D G E
In the presence of:-
Ms. Miiri for State
Mr. Githinji for accused
Accused
Njue CC