[2023] KEHC 1242 (KLR)
Although the law prescribes the death penalty for murder, the court considered the Supreme Court's guidance in Muruatetu, which allows for judicial discretion in sentencing based on mitigating factors. The court found that the accused was remorseful, did not premeditate the killing, had reformed, and had significant...
Source-derived case information.
- Citation
- [2023] KEHC 1242 (KLR)
- Parties
- Applicant: Republic; Respondent: Daniel Kipkemoi Maritim
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 17 of 2017
- Procedural Posture
- Criminal Case / Sentence
- Outcome
- accused sentenced to 30 years imprisonment for murder
- Judges
- AN Ongeri
- Legal Topics
- Murder, Sentencing, Mitigation, 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
Daniel Kipkemoi Maritim
Respondent
Procedural Posture
Criminal Case / Sentence
Legal Issues
- 1 Whether the accused should be sentenced to death or a lesser sentence for the offence of murder.
- 2 What mitigating factors, if any, should influence the sentence imposed on the accused.
Ratio Decidendi
Although the law prescribes the death penalty for murder, the court considered the Supreme Court's guidance in Muruatetu, which allows for judicial discretion in sentencing based on mitigating factors. The court found that the accused was remorseful, did not premeditate the killing, had reformed, and had significant personal circumstances, including abandonment by his wife and responsibility for six children. The probation report indicated he was not a danger to society. Balancing the seriousness of the offence with these mitigating factors, the court imposed a custodial sentence of 30 years imprisonment instead of the death penalty.
Court Disposition
accused sentenced to 30 years imprisonment for murder
Orders
- The accused is sentenced to 30 years imprisonment.
- Right of appeal within 14 days explained to the accused.
Full Case Text
Judgment text and source record
23 paragraphs
Republic v Maritim (Criminal Case 17 of 2017) [2023] KEHC 1242 (KLR) (16 February 2023) (Sentence)
Neutral citation: [2023] KEHC 1242 (KLR)
Republic of Kenya
In the High Court at Kericho
Criminal Case 17 of 2017
AN Ongeri, J
February 16, 2023
Between
Republic
Prosecutor
and
Daniel Kipkemoi Maritim
Respondent
Sentence
1. The accused person was convicted with the offence of murder contrary to section 203 as read with section 204 of thePenal Code.
2. This court has considered the mitigation given on account of the accused person. The defence counsel said the accused person is remorseful for the offence he committed.
3. It was further submitted in mitigation that the accused person did not intend to kill his wife and further that he found his wife committing adultery with the deceased and they were not remorseful. He got angry and hit the deceased with a metal object.
4. It was further said in mitigation that the accused person has reformed and further that he has been baptized and he is now a born again Christian.
5. Further, that his wife has since left the matrimonial home due to shame and embarrassment leaving their six children unattended.
6. The Probation Officer filed a pre-sentence report which details the social background of the accused person. The report said the accused person was a law abiding citizen and not a menace to society.
7. The offence of murder is a serious one for which the law provides for a death sentence.
8. Taking into account the Supreme Court decision in the case of Francis Karioko Muruatetu -vs- Republic, I sentence the accused person to 30 years imprisonment.Right of appeal - 14 days (Explained).
DELIVERED, DATED AND SIGNED AT KERICHO THIS 16TH DAY OF FEBRUARY, 2023. A. N. ONGERIJUDGE