[2019] KEHC 2894 (KLR)
The court set aside the mandatory death sentence in accordance with the Muruatetu decision, which declared the mandatory nature of the death penalty for murder unconstitutional. The court considered the accused's status as a first offender, his remorse, his role as the sole surviving parent of two teenage children,...
Source-derived case information.
- Citation
- [2019] KEHC 2894 (KLR)
- Parties
- Respondent: Republic; Defendant: Johnson Kirim Gituma
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 63 of 2011
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- death sentence set aside; accused sentenced to five years imprisonment from 17/12/2015
- Judges
- A Mabeya
- Legal Topics
- Sentencing Principles, Mitigating Factors, Murder, Judicial Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Johnson Kirim Gituma
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the mandatory death sentence should be set aside in light of the Muruatetu decision.
- 2 What is the appropriate sentence for the accused considering the circumstances of the case.
Ratio Decidendi
The court set aside the mandatory death sentence in accordance with the Muruatetu decision, which declared the mandatory nature of the death penalty for murder unconstitutional. The court considered the accused's status as a first offender, his remorse, his role as the sole surviving parent of two teenage children, the positive victim impact report, and the period already spent in custody. Balancing these mitigating factors against the gravity of the offence and the loss of life, the court exercised its discretion to impose a custodial sentence of five years, to run from 17/12/2015.
Court Disposition
death sentence set aside; accused sentenced to five years imprisonment from 17/12/2015
Orders
- The death sentence is set aside in view of the Muruatetu decision.
- The accused is sentenced to five years imprisonment, to run from 17/12/2015.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CRIMINAL CASE NO 63 OF 2011
REPUBLIC .......................................................PROSECUTOR
VERSUS
JOHNSON KIRIM GITUMA .................................ACCUSED
S E N T E N C I N G
1. I have considered the matter. The death sentence is hereby set aside in view of the Muruatetu decision.
2. I have considered that the accused is a 1st offender. That he is remorseful and has asked for forgiveness from the victim’s family. I have considered his age and that he is the only surviving parent of 2 teenage children who need parental guidance and support.
3. I have also considered that a life was lost and the circumstances it was lost.
4. I have considered the victim Impact Report dated 30/10/2019. The same is positive of the accused.
5. I have considered that the accused has been in custody since 2011 and the judiciary principles of sentencing.
6. In the circumstances I sentence the accused to five (5) years. The sentence is to run from 17/12/2015.
A. MABEYA
JUDGE
31/10/2019