[2013] KEHC 5323 (KLR)
Although the law prescribes the death penalty for murder, recent jurisprudence and evolving standards of decency have led courts to consider the death sentence as inhuman and degrading. The court, taking into account the mitigation presented by counsel for the accused, including their ages, family responsibilities,...
Source-derived case information.
- Citation
- [2013] KEHC 5323 (KLR)
- Parties
- Respondent: Republic; Defendant: Mathews Khayadi; Defendant: Maurice Odongo; Defendant: Micah Shamala; Defendant: Titus Amalembo
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 10 of 2009
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- All accused persons sentenced to twenty years imprisonment for murder.
- Legal Topics
- Murder, Sentencing, Mitigation, Death Penalty, Age Assessment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Mathews Khayadi
Defendant
Maurice Odongo
Defendant
Micah Shamala
Defendant
Titus Amalembo
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused persons should be sentenced to death or imprisonment for the offence of murder.
- 2 Whether the mitigation and age of the accused persons should affect the sentence imposed.
Ratio Decidendi
Although the law prescribes the death penalty for murder, recent jurisprudence and evolving standards of decency have led courts to consider the death sentence as inhuman and degrading. The court, taking into account the mitigation presented by counsel for the accused, including their ages, family responsibilities, and the period spent in custody, determined that a custodial sentence was appropriate. The court also confirmed that the 4th accused was an adult at the time of the offence, based on a medical age assessment. Consequently, each accused was sentenced to twenty years imprisonment rather than the death penalty, reflecting both the seriousness of the offence and the mitigating...
Court Disposition
All accused persons sentenced to twenty years imprisonment for murder.
Orders
- Each accused person is sentenced to serve twenty (20) years imprisonment.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
High Court at Kakamega
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REPUBLIC................................................................................PROSECUTOR
V E R S U S
MATHEWS KHAYADI..............................................................1ST ACCUSED
MAURICE ODONGO...............................................................2ND ACCUSED
MICAH SHAMALA.................................................................3RD ACCUSED
TITUS AMALEMBA...............................................................4TH ACCUSED
S E N T E N C E
The four accused persons were found guilty of the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. Mr. Mukavale, counsel for the 1st, 2nd, and 4th accused submitted in mitigation that the 1st accused is 44 years old, married with five children. The 2nd accused is 53 years old, married with ten children and the 4th accused is twenty years old. They have been in custody since 2009. Mr. Nyikuli, counsel for the 3rd accused submitted in mitigation that the accused is 39 years old. He has one wife and two children. He was the sole bread winner for his family.
With regard to the 4th accused, the court record shows that on 15th June 2009, the court directed that the accused be taken for age assessment. A report by Dr. Vuhya Lucy dated 17th June 2009 indicate that by then the accused was over 18 years. The Doctor gave her approximate age as 21 years. The offence occurred on 15th February 2009 and according to the age assessment report, he was already over 18 years by then. The accused was an adult when he committed the offence.
The court notes that the Court of Appeal has held that the death sentence is inhuman and degrading. However, the punishment for murder still remains the death penalty under our laws. Courts have of late imposed prison sentences. Taking into account the mitigation by counsels for the accused and the circumstances of the case, each accused person is hereby sentenced to serve Twenty (20) years imprisonment.
Delivered, dated and signed at Kakamega this 31st day of January 2013
SAID J. CHITEMBWE
J U D G E