[2021] KEHC 496 (KLR)
The court found that the accused person premeditated the murder of his wife, armed himself with the intention to inflict harm, and executed the act in cold blood after searching for the deceased, who had fled. The court considered the mitigation and the social inquiry report but determined that the circumstances of...
Source-derived case information.
- Citation
- [2021] KEHC 496 (KLR)
- Parties
- Respondent: Republic; Defendant: Kennedy Kiprono Kirui
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 16 of 2016
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- convicted and sentenced to death
- Judges
- AN Ongeri
- Legal Topics
- Murder, Sentencing, Death Penalty, Premeditation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Kennedy Kiprono Kirui
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused person is guilty of murder contrary to Section 203 as read with Section 204 of the Penal Code.
- 2 Whether the death penalty is appropriate in light of the Supreme Court decision in Francis Karioko Muruatetu.
Ratio Decidendi
The court found that the accused person premeditated the murder of his wife, armed himself with the intention to inflict harm, and executed the act in cold blood after searching for the deceased, who had fled. The court considered the mitigation and the social inquiry report but determined that the circumstances of the offence—premeditation, brutality, and the attempt to take his own life after the act—warranted the imposition of the death penalty. The court relied on the Supreme Court's decision in Francis Karioko Muruatetu, which held that the death penalty is not mandatory but should be reserved for the most deserving cases. In this instance, the court concluded that the facts...
Court Disposition
convicted and sentenced to death
Orders
- The accused person is sentenced to death as by law required.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
CRIMINAL CASE NO.16 OF 2016
REPUBLIC............................................PROSECUTOR
VERSUS
KENNEDY KIPRONO KIRUI....................ACCUSED
SENTENCE
1. The Accused Person was charged with murder Contrary to Section 203 as read with Section 204 of the Penal Code.
2. The Court found him guilty of Murder after conducting a trial. The deceased was his wife.
3. The probation officer filed a social inquiry report which details the background of the offence.
4. This Court has taken into account the mitigation given on behalf of the Accused Person by his Advocate and also the contents of the social inquiry report dated 28/9/2021.
5. However, there is evidence that the Accused Person premeditated the Murder and armed himself with intention to inflict harm on the deceased.
6. He looked for her after she had ran away and killed her in cold blood.
7. I have considered the decision in the case of FRANCIS KARIOKOR MURUATETU and I find that although the Supreme Court held that the mandatory nature of the death penalty is unlawful, the Supreme Court did not outlaw the death penalty but it said that the same should be reserved for deserving cases.
8. In my opinion, this is a case where the death penalty is deserved considering that the Accused Person premeditated the offence and executed the same in cold blood after looking for the deceased who had run away and he even attempted to kill himself after he had inflicted fatal injuries on her.
9. The Accused Person is accordingly sentenced to death as by law required.
DELIVERED, DATED AND SIGNED AT KERICHO THIS 19TH DAY OF NOVEMBER 2021.
A. N. ONGERI
JUDGE