[2018] KEHC 1896 (KLR)
The court determined that while the offence was brutal and would ordinarily attract the maximum sentence of death, mitigating factors such as the accused's age, status as a young mother, time spent in custody, and being a first offender warranted a less harsh sentence. However, the pre-sentencing report did not...
Source-derived case information.
- Citation
- [2018] KEHC 1896 (KLR)
- Parties
- Applicant: Republic; Defendant: Mikelina Mwontura; Defendant: Paul Mururu alias Kilebwa
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 25 of 2012
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- The accused is sentenced to 20 years imprisonment.
- Judges
- F Gikonyo
- Legal Topics
- Sentencing Principles, Mitigation, Custodial Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Mikelina Mwontura
Defendant
Paul Mururu alias Kilebwa
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 What is the appropriate sentence for the accused given the circumstances of the offence and the mitigation presented?
- 2 Should the accused be granted a non-custodial sentence in light of her age and status as a first offender?
Ratio Decidendi
The court determined that while the offence was brutal and would ordinarily attract the maximum sentence of death, mitigating factors such as the accused's age, status as a young mother, time spent in custody, and being a first offender warranted a less harsh sentence. However, the pre-sentencing report did not support a non-custodial sentence. Balancing the need for corrective justice with the seriousness of the offence, the court imposed a custodial sentence of 20 years imprisonment.
Court Disposition
The accused is sentenced to 20 years imprisonment.
Orders
- The accused is sentenced to 20 years imprisonment.
- A copy of the judgment be supplied at no cost.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CRIMINAL CASE NO. 25 OF 2012
REPUBLIC .....................................................................................PROSECUTOR
VERSUS
MIKELINA MWONTURA............................................................1ST ACCUSED
PAUL MURURU alias KILEBWA ...............................................2ND ACCUSED
SENTENCE
COURT
I have considered the mitigation by the accused. She is a young mother aged 38 years (at least from counsel’s submissions). She also has young children. I have also considered the time she has been in custody. In addition she is first offender. Given the brutal manner in which the deceased was killed and this was captured in my judgment the maximum sentence of death would have been appropriate. Except, however corrective justice in light of her age may demand a less harsh sentence. The report on presentencing does not support any non-custodial sentence. Accordingly, I sentence the accused to 20 years imprisonment. Copy of judgment be supplied at no costs
........................
F. GIKONYO
JUDGE
15/11/2018