[2019] KEHC 5996 (KLR)
The court determined that, given the gravity of the offence—murder of the accused's own elderly mother with multiple head injuries resulting in a painful death—and the strong opposition from the family, community, and local administration to a non-custodial sentence, a custodial sentence was warranted. While the...
Source-derived case information.
- Citation
- [2019] KEHC 5996 (KLR)
- Parties
- Respondent: Republic; Defendant: Micah Kipkurui Ruto
- Court
- High Court
- Court Station
- High Court at Narok
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 16 of 2019
- Procedural Posture
- Criminal Case / Sentencing Judgment
- Outcome
- Accused sentenced to sixteen years imprisonment for murder.
- Legal Topics
- Sentencing, Mitigating Factors, Aggravating Factors, Murder, Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Micah Kipkurui Ruto
Defendant
Procedural Posture
Criminal Case / Sentencing Judgment
Legal Issues
- 1 What is the appropriate sentence to impose upon the accused convicted of murder.
- 2 How should the court weigh the mitigating and aggravating factors in determining the sentence.
Ratio Decidendi
The court determined that, given the gravity of the offence—murder of the accused's own elderly mother with multiple head injuries resulting in a painful death—and the strong opposition from the family, community, and local administration to a non-custodial sentence, a custodial sentence was warranted. While the accused's status as a first offender, his remorse, and time already spent in custody were considered as mitigating factors, they were outweighed by the aggravating circumstances. The court concluded that a sentence of sixteen years imprisonment was appropriate to serve both deterrent and reformative purposes.
Court Disposition
Accused sentenced to sixteen years imprisonment for murder.
Orders
- The accused is sentenced to sixteen years imprisonment.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAROK
CRIMINAL CASE NO. 16 OF 2017
REPUBLIC......................................PROSECUTOR
VERSUS
MICAH KIPKURUI RUTO..................ACCUSED
JUDGEMENT ON SENTENCE
1. The accused stands convicted of murder. The issue before me is one of the appropriate sentence, which ought to be imposed upon the accused. In considering the appropriate sentence, I am required to take into account both the mitigating and aggravating factors
2. The mitigating factors are as follows. The first is a first offender. According to the probation officer (Mr. John Bett), the accused is aged 45 years old and used drugs while working for a security firm in Nairobi. According to Mr. Kiptoo for the accused, the accused has been in custody for three years and is also remorseful. The family of the accused are opposed to the imposition of a non-custodial sentence. The children of the accused were so traumatized to the extent that they cannot stand the sight of him.
3. The aggravating factors are as follows. Mr. Omwega for the prosecution has urged the court to impose a sentence that is both deterrent and reformative, since a life has been lost. He further urged the court to take into account that the deceased was the mother of the accused. The accused inflicted serious multiple fracture injuries on the head of the deceased. The deceased was an elderly lady. The deceased must have suffered a painful death as a result of those injuries.
4. The family members of the accused are against the imposition of a non-custodial sentence as they are still traumatized. The local governmental administration is also against the imposition of a non-custodial sentence. The community are also of a similar view.
5. I have considered the foregoing matters. As a result, I find that a custodial sentence is called for. I therefore find that the suitable sentence is sixteen years imprisonment, which I hereby impose upon the accused.
Judgement dated, signed and delivered at Narok in open court this 1st day of July 2019 in the presence Mr. Omwega for the state and Mr. Kiptoo for the accused.
J. M. Bwonwonga
Judge
1/7/2019