[2018] KEHC 438 (KLR)
The court found that, despite the mitigating factors advanced on behalf of the accused, the severity and nature of the offence—murder with severe injuries concentrated on the head resulting in a painful and unnecessary death—outweighed the mitigation. The court emphasized that the life lost is irreplaceable and that...
Source-derived case information.
- Citation
- [2018] KEHC 438 (KLR)
- Parties
- Respondent: Republic; Defendant: Juma Nyayo Aperi alias Mustafa
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 81 of 2014
- Procedural Posture
- Criminal Case / Sentencing Ruling After Conviction for Murder
- Outcome
- Accused sentenced to death for murder.
- Judges
- FM Mutuku
- Legal Topics
- Murder, Sentencing, Mitigation, Penal Code Section 204
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Juma Nyayo Aperi alias Mustafa
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling After Conviction for Murder
Legal Issues
- 1 Whether the accused should be sentenced to death or a lesser penalty for the offence of murder.
- 2 Whether mitigating factors presented by the accused warrant a sentence other than death.
Ratio Decidendi
The court found that, despite the mitigating factors advanced on behalf of the accused, the severity and nature of the offence—murder with severe injuries concentrated on the head resulting in a painful and unnecessary death—outweighed the mitigation. The court emphasized that the life lost is irreplaceable and that the accused showed no remorse. While acknowledging its discretion under section 204 of the Penal Code to impose a sentence other than death, the court determined that justice would best be served by imposing the death penalty, as the suffering inflicted on the deceased was grave and the sanctity of human life is paramount.
Court Disposition
Accused sentenced to death for murder.
Orders
- The accused is sentenced to suffer death in the manner authorized by law.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL CASE NO. 81 OF 2014
REPUBLIC..........................................................PROSECUTOR
VERSUS
JUMA NYAYO APERI Alias MUSTAFA..................ACCUSED
RULING ON SENTENCE
Juma Nyayo Aperi alias Mustafa was charged with the murder of Edward Onsongo contrary to section 203 as read with section 204 of the Penal Code. He was tried for the offence, found guilty and convicted of the same in a judgment delivered on 18th October 2018. After the delivery of the judgment the Prosecution Counsel, Mrs. Kinoti, told the court that she has not been provided with previous criminal records of the accused. She asked the court to treat the accused as a first offender.
This court invited the accused to make his submissions in mitigation. Mrs. Gulenywa, learned counsel representing the accused, submitted that the accused is aged 36 years and is married with three young children in Class 7, Class 4 and pre-unit and that he also takes care of three orphaned children belonging to his late sister in Class 2, Class 1 and the last one yet to join school. Counsel submitted that the accused suffers from acute back problems due to the injuries he suffered after he was attacked following the incident giving rise to this murder charge; that he suffers from stomach ulcers and that his wife is diabetic and suffers from hypertension. It was further submitted that the two parents of the accused are deceased and that he is the sole bread winner. This court was urged to put these factors into consideration while sentencing the accused.
I have taken the mitigating factors into account. I have also taken into account that Edward Onsongo is dead and nothing can compensate for a lost life. I note that the accused is not remorseful. Murder is an offence whose penalty is found in section 204 of the Penal Code. Death is the optimum penalty the court can meet out on an accused person that has been found guilty of murder. It is however not the only penalty because the court has the discretion to meet out any other sentence if circumstances favour such other penalty. As stated in my judgment the injuries suffered by the deceased were severe and concentrated around the head with the skull bearing the brunt of those injuries. The deceased must have suffered a very painful death. It is my view that the death of the deceased was unnecessary and that the accused should not have taken the law into his own hands no matter the reasons. It is my view therefore that justice will be served if the accused were to suffer a sentence that is commensurate with the suffering the deceased underwent, again bearing in mind that life of a human being is priceless. I therefore sentence the accused to suffer death in the manner authorized by the law. It is so ordered.
Delivered, dated and signed this 7th day of November 2018.
S. N. Mutuku
Judge