https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12221

**REPUBLIC OF KENYA** **IN THE HIGH COURT AT MARALAL** **CRIMINAL CASE NO. E002 OF 2023** **REPUBLIC……………………………………………………. PROSECUTION** **VERSUS** **SAMUEL LEDUDA….………………………………………………ACCUSED** **SENTENCING RULING** 1. This ruling follows the conviction of the Accused for the offence of murder contrary to section 203 as punishable under Section 204 of the Penal Code. Ordinarily, the sentenced prescribed for a murder charge is the death sentence. Its mandatory nature was however declared unconstitutional with the advent of the decision in **Francis K. Muruatetu v Republic (2017) eKLR** as it contravenes the provisions of **Art. 25, 27, 28, 29 & 50 of**[**the Constitution**](http://resolver.caselaw.kenyalaw.org/resolver/akn/ke/act/2010/constitution)**.** 2. In sentencing the court is called upon to consider the law, legal principles established through precedent, objectives of sentence and the Judiciary Sentencing Policy Guidelines. 3. Learned Counsel Mr. Lenkindi mitigated on behalf of the accused person and stated that the accused person has been in custody since arrest. That he is remorseful and that circumstances at home have changed and the community is ready to receive him back. 4. The imposition of sentence ought not be a mechanical process where predetermined sentences are imposed for specific crimes. Given the unique nature and circumstances of each case, a sentence should be determined on its own merits. The factors to be considered as set out in the Muruatetu case are: 5. Age of the offender 6. Being a first offender 7. Whether the offender pleaded guilty 8. Character and record of the offender 9. Commission of the offence in response to gender-based violence 10. Remorsefulness of the offender 11. The possibility of reform and social re-adaptation of the offender 12. Any other factor that the court considers relevant. 13. Besides the outlined factors, the Judiciary sentencing policy guidelines also recommend various objectives to be considered when sentencing an accused person. The objectives include: 14. Retribution: to punish the offender for his/her criminal conduct in a just manner. 15. Deterrence: to deter the offender from committing a similar offence subsequently as well as to discourage other people from committing similar offences. 16. Rehabilitation: to enable the offender reform from his/her criminal disposition and become a law-abiding person. 17. Restorative justice: to address the needs arising from the criminal conduct such as loss and damages. 18. Community protection: to protect the community by incapacitating the offender. 19. Denunciation: to communicate the community’s condemnation of the criminal conduct. 20. Reconciliation: To mend the relationship between the offender, the victim and the community. 21. Reintegration: To facilitate the re-entry of the offender into the society. 22. In the matter of sentencing, though the court has unfettered discretion, it has to follow a pragmatic sentencing policy laid down by the judiciary in 2023 and the settled principles in our case law. 23. This case at hand can best be described as falling within the scope of gender-based violence. 24. I have considered the charges herein, the mitigation put forth by the Counsel for the Accused and the rejoinder submission by the State. 25. The Offence herein was of a grave nature. An innocent life was lost. The deprivation of life is the highest breach of human rights. 2 young children were orphaned by the senseless act by the Accused. 26. The probation report depicts a person who has not shown any remorse for his dastardly act. 27. Whereas the Court has a wide discretion in sentencing as analysed earlier in this ruling, I am persuaded that while I am not inclined to impose the severest sentence allowed in law which is death, a long custodial sentence will serve justice to the victim and family and offer a chance for rehabilitation for the Accused. 28. The Accused is sentenced to serve 30 years imprisonment. The sentence is to run from date of plea. Right of appeal explained. **DATED SIGNED AND DELIVERED AT ELDORET THIS 30TH DAY OF JULY 2026.** **A.K. NDUNG’U** **JUDGE**