[2018] KEHC 737 (KLR)
The court found that the accused, Joseph Munyoki Kovo, took advantage of his close relationship with the deceased, his wife, to commit murder. He further traumatized their children by making them witness the killing and then misleading them before absconding for two years. Although the accused is a first offender,...
Source-derived case information.
- Citation
- [2018] KEHC 737 (KLR)
- Parties
- Applicant: Republic; Defendant: Joseph Munyoki Kovo
- Court
- High Court
- Court Station
- High Court at Garissa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 39 of 2012
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- accused sentenced to death
- Judges
- GMA Dulu
- Legal Topics
- Murder, Sentencing, Mandatory Death Penalty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Joseph Munyoki Kovo
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused is guilty of murder and the appropriate sentence to impose.
Ratio Decidendi
The court found that the accused, Joseph Munyoki Kovo, took advantage of his close relationship with the deceased, his wife, to commit murder. He further traumatized their children by making them witness the killing and then misleading them before absconding for two years. Although the accused is a first offender, the gravity of the offense and the circumstances warranted the imposition of the death penalty as provided by law. The court acknowledged the Supreme Court's guidance on alternative sentencing but determined that the death sentence was appropriate in this case.
Court Disposition
accused sentenced to death
Orders
- The accused is sentenced to suffer death as provided for by law.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT GARISSA
CRIMINAL CASE NO. 39 OF 2012
REPUBLIC...............................................................PROSECUTOR
VERSUS
JOSEPH MUNYOKI KOVO..............................................ACCUSED
SENTENCE
1. I have considered the circumstances of this case and the fact that the accused is a first offender. The deceased was his wife and he appears to have taken advantage of that close relationship to kill her and then mislead the children that he was going to buy medicine for her; and disappeared for two (2) years before he was arrested at Mombasa. He made the children undergo great trauma in witnessing the way their mother was killed by their father.
2. The Penal Code section 204 prescribes a mandatory death sentence. However, the Supreme Court has stated that other alternative sentences may be imposed.
3. In the circumstances of this case, I sentence the accused to suffer death as provided for by law.
Dated and delivered at Garissa this 18 day of December, 2018.
……….……………………
George Dulu
JUDGE