[2021] KEHC 3926 (KLR)
The court held that, following the Supreme Court's decision in Muruatetu, the mandatory death sentence for murder is unconstitutional, and the court has discretion to impose a lesser sentence. Considering the circumstances—namely, that the accused and deceased were friends, the offence arose from a petty argument,...
Source-derived case information.
- Citation
- [2021] KEHC 3926 (KLR)
- Parties
- Applicant: Republic; Defendant: Julius Wanderi Mwangi
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 31 of 2012
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- accused sentenced to ten years imprisonment, with time served in remand to be deducted
- Judges
- K Kimondo
- Legal Topics
- Murder, Sentencing Discretion, Death Penalty, Mitigation, First Offender
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Julius Wanderi Mwangi
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused should be sentenced to death or a lesser sentence following the Supreme Court decision in Muruatetu.
- 2 What is the appropriate sentence for the accused given the circumstances of the offence and mitigation.
Ratio Decidendi
The court held that, following the Supreme Court's decision in Muruatetu, the mandatory death sentence for murder is unconstitutional, and the court has discretion to impose a lesser sentence. Considering the circumstances—namely, that the accused and deceased were friends, the offence arose from a petty argument, the accused is a first offender with a young family, and has shown genuine remorse—the court found that justice would be served by imposing a custodial sentence rather than the death penalty. The court sentenced the accused to ten years imprisonment, with the period already served in remand to be deducted from the sentence, excluding any period when the accused was out on bail.
Court Disposition
accused sentenced to ten years imprisonment, with time served in remand to be deducted
Orders
- The accused is sentenced to ten (10) years imprisonment.
- The period served by the accused from the time he was first presented to Court on 10th March 2011 and remanded (excluding any period when he was out on bail) shall be computed and deducted from this sentence.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MURANG’A
CRIMINAL CASE NO. 31 OF 2012
[FORMERLY NYERI HCCR 11 OF 2011]
REPUBLIC.................................................PROSECUTOR
VERSUS
JULIUS WANDERI MWANGI........................ACCUSED
SENTENCE
1. The accused was convicted for the offence of murder.This is a grave felony that attracts the sentence of death. However, following the landmark decision of the Supreme Court in Francis Karioko Muruatetu & another v Republic, Consolidated Petitions Nos. 15 & 16 of 2015 [2017] eKLR, the mandatory nature of the death sentence as provided for under Section 204 of the Penal Code was declared unconstitutional. This did not outlaw the death penalty, but it left the court with discretion to impose a lighter sentence.
2. I have considered the circumstances surrounding this offence. The accused and the deceased were good friends. However, an innocent life was wasted in a petty argument that ended in a fight. In the process, the accused inflicted a fatal stab wound to the left side of the deceased’s chest. I have also taken into account the mitigation tendered by his counsel. The accused is a first offender and has a young fanmily. He has expressed genuine remorse for his actions.
3. The rule of thumb is that sentence should be commensurate to the moral blameworthiness of the offenderbut also guided by the nature and gravity of crime. Justice in this case calls for a custodial sentence. Doing the best that I can, I sentence the accused to ten (10) years imprisonment. The period served by the accused from the time he was first presented to Court on 10th March 2011 and remanded (but excluding any period when he was out on bail) shall be computed and deducted from this sentence.
4. The accused has a right of appeal to the Court of Appeal within 14 days and as per the Rules of that Court. A copy of the judgment and sentence shall be supplied to him immediately.
It is so ordered.
DATED, SIGNED AND DELIVERED AT MURANG’A THIS 23RD DAY OF SEPTEMBER 2021.
KANYI KIMONDO
JUDGE
Sentence read in open court in the presence of-
Accused.
Ms. A. Gakumu for the Republic.
No appearance by counsel for the accused.
Ms. Dorcas Waichuhi & Ms. Susan Waiganjo, Court Assistants.