[2013] KEHC 3589 (KLR)
Although the law prescribes the death penalty for murder, the court exercised its discretion to impose a lesser sentence after considering the accused's mitigation, including his remorse and family responsibilities. The court found that these factors justified tampering with the mandatory sentence and instead...
Source-derived case information.
- Citation
- [2013] KEHC 3589 (KLR)
- Parties
- Respondent: Republic; Defendant: Jared Owino Umira alias Jajina
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Murder Case 3 of 2009
- Procedural Posture
- Murder Case / Sentencing
- Outcome
- The accused is sentenced to twenty years' imprisonment from the date of the ruling.
- Legal Topics
- Sentencing Principles, Mitigation, Murder, Death Penalty, Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Jared Owino Umira alias Jajina
Defendant
Procedural Posture
Murder Case / Sentencing
Legal Issues
- 1 Whether the accused should be sentenced to death or a lesser custodial sentence.
- 2 Whether the accused's mitigation warrants a reduction of the prescribed penalty.
Ratio Decidendi
Although the law prescribes the death penalty for murder, the court exercised its discretion to impose a lesser sentence after considering the accused's mitigation, including his remorse and family responsibilities. The court found that these factors justified tampering with the mandatory sentence and instead imposed a custodial sentence of twenty years' imprisonment from the date of the ruling.
Court Disposition
The accused is sentenced to twenty years' imprisonment from the date of the ruling.
Orders
- The accused shall serve a custodial sentence of twenty (20) years from the date of this ruling.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
High Court at Kisumu
Murder Case 3 of 2009 [if gte mso 9]><xml>
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REPUBLIC...................................................................................PROSECUTOR
V
JARED OWINO UMIRA alias JAJINA............................................ACCUSED
R U L I N G
The court has taken into consideration the mitigation by the accused person. He is said to have two children and a wife. He is remorseful and apologetic.
Taking into consideration the totality of the evidence on record and although death penalty is the prescribed sentence I shall however tamper with the same and order that the accused person serves a custodial sentence of twenty (20) years from the date of the delivery of this ruling.
Dated, signed and delivered at Kisumu this 9th day of May, 2013.
H.K. CHEMITEI JUDGE
In the presence of:
….............................................for state
…..................................for the accused
HKC/va
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