[2021] KEHC 2577 (KLR)
The court considered the pre-sentence reports, mitigation by the accused, and the prosecution's plea for deterrence. For the 1st accused, advanced age and intoxication at the time of the offence, along with a favourable pre-sentence report, justified a non-custodial sentence of 3 years probation. For the 2nd...
Source-derived case information.
- Citation
- [2021] KEHC 2577 (KLR)
- Parties
- Applicant: Republic; Defendant: Joyce Kaburo Muthuri; Defendant: Salesio Gichunuku Muthuri
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 56 of 2016
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- Both accused convicted of murder; 1st accused sentenced to probation, 2nd accused sentenced to imprisonment.
- Judges
- CA Otieno
- Legal Topics
- Murder, Sentencing Guidelines, Mitigation, Probation, Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Joyce Kaburo Muthuri
Defendant
Salesio Gichunuku Muthuri
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused persons should receive custodial or non-custodial sentences upon conviction for murder.
- 2 What mitigating and aggravating factors should influence the sentencing of each accused.
Ratio Decidendi
The court considered the pre-sentence reports, mitigation by the accused, and the prosecution's plea for deterrence. For the 1st accused, advanced age and intoxication at the time of the offence, along with a favourable pre-sentence report, justified a non-custodial sentence of 3 years probation. For the 2nd accused, the court found his actions particularly abhorrent and undeserving of leniency, thus imposing a custodial sentence of 15 years imprisonment, to be calculated from the date of arrest. The court balanced the interests of justice, the nature of the offence, and the personal circumstances of each accused in determining the sentences.
Court Disposition
Both accused convicted of murder; 1st accused sentenced to probation, 2nd accused sentenced to imprisonment.
Orders
- 1st accused Joyce Kaburo Muthuri is sentenced to a probation term of 3 years.
- 2nd accused Salesio Gichunuku Muthuri is sentenced to 15 years imprisonment, to be computed from 22/8/2016.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
CRIMINAL CASE NO. 56 OF 2016
REPUBLIC.................................................PROSECUTOR
VERSUS
JOYCE KABURO MUTHURI....................1ST ACCUSED
SALESIO GICHUNUKU MUTHURI.......2ND ACCUSED
SENTENCE
1. The accused persons were jointly charged with murder contrary to section 203 as read with 204 of the Penal Code. The matter then proceeded to full trial after which the two were found guilty and convicted accordingly.
2. After conviction, the court called for a pre-sentence report from the probation officer before the accused were called to offer mitigation. The two pre-sentence reports are favourable to the two accused persons and recommend a non-custodial sentence for both.
3. When called upon to mitigate, the accused persons sought leniency from the court. Counsel for the two urged the court to give regard to the ages of the accused persons and their social circumstances as well as the events of the fateful day.
4. In seeking a custodial and deterrence sentence, Mr. Maina for the prosecution pleaded with the court to look at the brutal manner in which the deceased was killed by the son over his own property.
5. I have prudently considered the victim impact assessment/ pre-sentence reports for both accused persons, and the recommendations made therein.
6. Taking into consideration the sentencing guidelines, the age of the 1st accused which I consider fairly advanced as well as the fact that the accused was drunk, the 1st accused is hereby sentenced to a probation term of 3 years.
7. For the second accused, I consider his actions to have been most abhorrent and deserve being discouraged. I find him not to deserve the leniency by way of a non-custodial sentence and sentence him to serve 15 years imprisonment which sentence shall be computed from the date of his arrest being 22/8/2016.
DATED SIGNED AND DELIVERED AT MERU VIRTUALLY VIA MICROSOFT TEAMS THIS 2ND DAY OF NOVEMBER, 2021
PATRICK J.O OTIENO
JUDGE
In presence of
Mwiti for the accused
Mr. Maina for the prosecution
PATRICK J.O OTIENO
JUDGE