[2017] KEHC 4869 (KLR)
The court found that the accused, Loingisa Kuraru Loruiya, intentionally entered the deceased's home with the sole purpose of killing her. Despite the accused's advanced age and frailty, the law prescribes a mandatory death sentence for murder. The court considered the mitigation but held that the circumstances and...
Source-derived case information.
- Citation
- [2017] KEHC 4869 (KLR)
- Parties
- Applicant: Republic; Defendant: Loingisa Kuraru Loruiya
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 9 of 2015
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- accused sentenced to death
- Judges
- MM Kasango
- Legal Topics
- Murder, Sentencing, Mitigation, Death Penalty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Loingisa Kuraru Loruiya
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused should be sentenced to death for the offence of murder.
- 2 Whether the accused's age and frailty should mitigate the sentence.
Ratio Decidendi
The court found that the accused, Loingisa Kuraru Loruiya, intentionally entered the deceased's home with the sole purpose of killing her. Despite the accused's advanced age and frailty, the law prescribes a mandatory death sentence for murder. The court considered the mitigation but held that the circumstances and the statutory requirements necessitated the imposition of the death penalty. The fact that the deceased was a wife and mother, and that her young children, one of whom witnessed the killing, were left behind, further underscored the gravity of the offence. The absence of previous convictions was noted but did not alter the mandatory nature of the sentence.
Court Disposition
accused sentenced to death
Orders
- The accused, Loingisa Kuraru Loruiya, is sentenced to suffer death as provided under the law.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYAAT NANYUKI
CRIMINAL CASE NO. 9 OF 2015
REPUBLIC……………………...……PROSECUTOR
VERSUS
LOINGISA KURARU LORUIYA…………ACCUSED
RULING ON SENTENCE
1. LOINGISA KURARU LORUIYA was convicted on 20th June 2017 of the offence of murder. After conviction prosecution confirmed that he had no previous convictions.
2. I have considered the mitigation of his Learned Counsel Mr Abwuor.
3. In sentencing Kuraru it is important to state that he killed Mariastela Ekai who was a wife and a mother. The deceased left behind very young children one of whom was said to have witnessed her killing.
4. The evidence adduced by the prosecution shows that Kuraru had one purpose as he entered the deceased’s home. That is to kill the deceased.
5. Although Kurara is frail and elderly, in my estimation he is probably 80 years old, the sentence for the offence of murder is one. I therefore sentence LOINGISA KURARU LORUIYA to suffer death as provided under the law.
Dated and Delivered at Nanyuki this 27th JUNE 2017
MARY KASANGO
JUDGE
Coram
Before Justice Mary Kasango
Court Assistant: Njue/Mariastella
Accused: Loingisa Kuraru Loruiya
For accused……………………………….
For state: ………………………………
Language …………………………………
COURT
Ruling on Sentence delivered in open court
MARY KASANGO
JUDGE