[2014] KEHC 4915 (KLR)
Although section 204 of the Penal Code mandates the death penalty for murder, the court recognized evolving judicial trends that do not strictly enforce the death sentence in all cases. Taking into account the accused's age, remorse, and plea for leniency, the court exercised discretion and imposed a custodial...
Source-derived case information.
- Citation
- [2014] KEHC 4915 (KLR)
- Parties
- Applicant: Republic; Defendant: Jeska Osimbo Irene
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 18 of 2009
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- The accused is sentenced to twenty years imprisonment for the offence of murder.
- 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
Jeska Osimbo Irene
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused should be sentenced to death as provided under section 204 of the Penal Code.
- 2 Whether mitigating circumstances justify a lesser sentence than death.
Ratio Decidendi
Although section 204 of the Penal Code mandates the death penalty for murder, the court recognized evolving judicial trends that do not strictly enforce the death sentence in all cases. Taking into account the accused's age, remorse, and plea for leniency, the court exercised discretion and imposed a custodial sentence of twenty years' imprisonment instead of the death penalty. The decision reflects a balancing of statutory requirements with contemporary judicial attitudes towards capital punishment and the consideration of mitigating factors.
Court Disposition
The accused is sentenced to twenty years imprisonment for the offence of murder.
Orders
- The accused shall serve twenty (20) years imprisonment.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
Criminal Case No. 18 Of 2009
Republic ………………………………………. Prosecutor
V E R S U S
Jeska Osimbo Irene ……………….……………. 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. Counsel for the accused in mitigation submitted that the accused is 23 years old and she is remorseful. The accused pleads for leniency.
Under section 204 of the Penal Code, the punishment for murder is the death sentence. Section 204 is worded in mandatory terms and the word “shall” is used. However, latest trends in the judiciary have not been to sentence those found guilty of murder to suffer death. No one has suffered death for quite some-time. Given the circumstances of the case, I sentence the accused Twenty (20) years imprisonment.
DATED AT KAKAMEGA THIS 28TH DAY OF MAY 2014
SAID J. CHITEMBWE
J U D G E