[2015] KEHC 2213 (KLR)
Although the Penal Code prescribes the death penalty for murder, the court considered the mitigating circumstances presented by the accused, including his youth, remorse, and family situation. The court also took into account the gravity of the offence, noting that the accused killed both his father and aunt. After...
Source-derived case information.
- Citation
- [2015] KEHC 2213 (KLR)
- Parties
- Applicant: Republic; Defendant: Kingi Kenga Kazungu
- Court
- High Court
- Court Station
- High Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 19 of 2013
- Procedural Posture
- Criminal Law / Sentencing
- Outcome
- convicted and sentenced
- Judges
- SJ Chitembwe
- Legal Topics
- Murder, Sentencing, 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
Applicant
Kingi Kenga Kazungu
Defendant
Procedural Posture
Criminal Law / Sentencing
Legal Issues
- 1 Whether the accused should be sentenced to death or imprisonment for the offence of murder under the Penal Code.
- 2 Whether mitigating factors such as the accused's age, remorse, and family circumstances should affect the sentence.
Ratio Decidendi
Although the Penal Code prescribes the death penalty for murder, the court considered the mitigating circumstances presented by the accused, including his youth, remorse, and family situation. The court also took into account the gravity of the offence, noting that the accused killed both his father and aunt. After reviewing the inquiry report and all circumstances, the court determined that a custodial sentence of thirty years imprisonment for each count, to run concurrently, was appropriate and proportionate to the offence, balancing the interests of justice, the law, and the mitigating factors.
Court Disposition
convicted and sentenced
Orders
- The accused is sentenced to serve thirty years imprisonment for each count of murder.
- The sentences are to run concurrently.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT MALINDI
CR. NO.19 OF 2013
REPUBLIC......................................................PROSECUTION
VRS
KINGI KENGA KAZUNGU........................................ACCUSED
SENTENCE
The accused person was convicted of the offence of murder contrary to section 203 as read with section 204 of the Penal Code. Counsel for the appellant submitted in mitigation that the accused is remorseful and is only 25 years old. He was the sole breadwinner for his young family and has been in custody since August 2013.
The record shows that the accused was charged with two counts of murder. He was found guilty for both counts. Under the Penal Code the sentence for murder is death. Article 26 (3) of the Constitution allows the deprivation of life under written law.
Although the accused is a young man, he killed his father and aunt. I have read the sound inquiry report which does not change the fact that two lives were lost. Taking the circumstances of the case, the accused is sentenced to serve thirty years imprisonment for each count. The sentence to run concurrently.
Dated, signed and delivered at Malindi this 28th day of May, 2015.
SAID CHITEMBWE
JUDGE