[2016] KEHC 1994 (KLR)
The court found that, having convicted the accused of murder under Section 203 of the Penal Code, it was bound by Section 204 to impose the mandatory death sentence. The judge considered the accused's status as a first offender, her remorse, her time spent in custody, and her personal circumstances, but held that...
Source-derived case information.
- Citation
- [2016] KEHC 1994 (KLR)
- Parties
- Respondent: Republic; Defendant: Judith Kanana
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 49 of 2014
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- convicted and sentenced to death
- Judges
- CJ Kendagor
- Legal Topics
- Murder, Sentencing, Mandatory Sentence, 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
Respondent
Judith Kanana
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused should be sentenced to death as mandated by Section 204 of the Penal Code.
- 2 Whether any mitigating circumstances justify a non-custodial or lesser sentence despite the mandatory provision.
Ratio Decidendi
The court found that, having convicted the accused of murder under Section 203 of the Penal Code, it was bound by Section 204 to impose the mandatory death sentence. The judge considered the accused's status as a first offender, her remorse, her time spent in custody, and her personal circumstances, but held that these mitigating factors could not override the statutory requirement. The law does not grant the court discretion to impose a non-custodial or lesser sentence for murder. Accordingly, the accused was sentenced to death as required by law.
Court Disposition
convicted and sentenced to death
Orders
- The accused is sentenced to death as provided by law.
- The accused has a right to appeal against both conviction and sentence within 14 days.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CRIMINAL CASE NO. 49 OF 2014
LESIIT, J.
REPUBLIC.....................................PROSECUTION
VERSUS
JUDITH KANANA..................................ACCUSED
RULING ON SENTENCE
1. The accused person has been convicted of murder contrary to section 203 of the Penal Code. The sentence for the offence of murder is provided under Section 204 of the Penal Code which provides:
“204. Any person convicted of murder shall be sentenced to death.”
2. Ms. Wafula, learned Prosecution counsel, urged the court to treat the accused as a first offender as the State was unable to get her previous record if any. I am therefore treating the accused as a first offender.
3. Mr. Oduor for the accused person urged that the accused was remorseful for the offence and that she had lost her only source of income. Counsel urged that the accused had undergone some theology training while in custody. Mr. Oduor urged the court to create precedent by giving a non-custodial sentence even though the law does not provide for it.
4. I have considered the circumstances of the case. The accused strangled the deceased, an innocent child of four years, sniffing his life brutally and without course on deceased part.
5. I have considered that the accused was arraigned in court for this offence on 19th June, 2014. I have considered that she has been in custody for a period of 2 years and 3 months during the pendency of her trial.
6. I have borne all these factors in mind before passing sentence. I have also considered Section 204 of the Penal Code which provides the sentence for the offence of murder contrary to section 203 of the Penal Code. It is a mandatory sentence for which the court has no discretion.
7. Having considered all these factors and the law, I sentence the accused to death as by law provided.
8. The accused has a right to appeal against both the conviction and the sentence within 14 days from the date of this sentence.
DATED AT NAIROBI THIS 5TH DAY OF OCTOBER, 2016.
LESIIT, J.
JUDGE