[2012] KEHC 758 (KLR)
The court held that, in light of recent jurisprudence and constitutional developments, the death penalty is no longer mandatory for offences under Section 204 of the Penal Code. The court considered the accused's advanced age and the period spent in remand as significant mitigating factors. The court was persuaded...
Source-derived case information.
- Citation
- [2012] KEHC 758 (KLR)
- Parties
- Respondent: Republic; Defendant: Joseph Kiprotich Maiyo
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 21 of 2006
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- accused sentenced to ten years imprisonment
- Legal Topics
- Sentencing Principles, Death Penalty, Right to Life
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Joseph Kiprotich Maiyo
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the mandatory death sentence under Section 204 of the Penal Code should be imposed on the accused.
- 2 Whether the accused's age and time spent in remand should mitigate the sentence.
Ratio Decidendi
The court held that, in light of recent jurisprudence and constitutional developments, the death penalty is no longer mandatory for offences under Section 204 of the Penal Code. The court considered the accused's advanced age and the period spent in remand as significant mitigating factors. The court was persuaded by precedent that allows for the incorporation of customary law and the exercise of judicial discretion in sentencing. Consequently, the court determined that a custodial sentence of ten years' imprisonment was appropriate, as it would effectively serve as a life sentence for the seventy-year-old accused, while respecting the evolving standards of justice and the right to life...
Court Disposition
accused sentenced to ten years imprisonment
Orders
- The accused is sentenced to serve a term of ten (10) years imprisonment.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
High Court at Eldoret
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REPUBLIC..............................................................................................PROSECUTOR
VERSUS
JOSEPH KIPROTICH MAIYO.........................................................................ACCUSED
SENTENCE
The mandatory sentence authorized by law is provided under Section 204 of the Penal Code, which is death.
In the case of GODFREY NGOTHO MUTISO -VS- R (2010) eKLR the death sentence is no longer the mandatory sentence and is now the maximum sentence.
The death penalty is also a colonial and archaic law that has no place in an evolving and changing modern society. It also goes against the letter and spirit of the Constitution of Kenya (2010) as it violates the fundamental right to life.
This court has made reference to and is persuaded by the case of R -VS- LERAAS LENCHURA where Emukule J incorporated customary law into Criminal jurisprudence and the Learned Judge did not impose the mandatory death sentence.
The advanced age of the Accused and the years he has spent languishing in remand have been taken into consideration when deciding on the sentence.
The Accused is aged seventy (70) years and the sentence given herein will be equivalent to a life sentence as the Accused will spend the end years of his life in prison.
CONCLUSION.
For the reasons stated above the Accused is sentenced to serve a term of ten (10) years imprisonment.
It is so ordered.
Dated and delivered at Eldoret this 22nd day of November 2012
A.MSHILA
JUDGE