[2019] KEHC 4789 (KLR)
Although the law prescribes the death penalty for murder under Section 204 of the Penal Code, the court found that the circumstances of the case, including the provocation arising from the theft of the accused's property and the familial relationship between the parties, justified a custodial sentence rather than...
Source-derived case information.
- Citation
- [2019] KEHC 4789 (KLR)
- Parties
- Applicant: Republic; Defendant: Mike Munene; Defendant: Erick Mwiti Mugo
- Court
- High Court
- Court Station
- High Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 9 of 2017
- Procedural Posture
- Criminal Law / Sentencing
- Outcome
- conviction and custodial sentence
- Judges
- BB Limo
- Legal Topics
- Murder, Sentencing, Mitigation, Penal Code Section 204
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Mike Munene
Defendant
Erick Mwiti Mugo
Defendant
Procedural Posture
Criminal Law / Sentencing
Legal Issues
- 1 Whether the accused persons should be sentenced to death or a custodial sentence for the offence of murder.
- 2 Whether mitigating circumstances justify a lesser sentence than the death penalty.
Ratio Decidendi
Although the law prescribes the death penalty for murder under Section 204 of the Penal Code, the court found that the circumstances of the case, including the provocation arising from the theft of the accused's property and the familial relationship between the parties, justified a custodial sentence rather than the ultimate penalty. The court considered the brutality of the act and the lack of mercy shown to the deceased but determined that a 30-year custodial sentence for each convict was commensurate with the crime committed. The court exercised its discretion to depart from the mandatory death penalty in light of the mitigating factors presented.
Court Disposition
conviction and custodial sentence
Orders
- Each convict is sentenced to serve 30 years in jail.
- Right of appeal within 14 days.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT CHUKA
HCCR NO. 9 OF 2017 (MURDER)
REPUBLIC.....................................................................................PROSECUTOR
VERSUS
MIKE MUNENE..............................................................................1STACCUSED
ERICK MWITI MUGO................................................................2ND ACCUSED
SENTENCE
This court has considered the mitigating circumstance put forward by both the prosecution and the convicts. This court agrees with the prosecution that the convicts really showed no mercy to the deceased despite pleading for mercy and should expect non from this court. It is true they may have been incensed by theft of their power saw machine but really ought not to have killed their cousin in such a brutal manner. Having considered all factors, I am satisfied that though a death sentence is prescribed by law under Section 204 of Penal Code the convicted persons do not deserve the intimate penalty. A custodial sentence will be commensurate with the crime they committed in the circumstance. They are each sentenced to serve 30 (thirty years) in jail. Right of appeal 14 days.
R. K. LIMO
JUDGE
25/7/2019