[2023] KEHC 21911 (KLR)
The court held that, following the Supreme Court's decision in Francis Muruatetu & another v Republic, the mandatory death sentence for murder is unconstitutional and the court has discretion to impose an appropriate sentence. The court considered the accused's mitigation, including his remorse, family...
Source-derived case information.
- Citation
- [2023] KEHC 21911 (KLR)
- Parties
- Applicant: Republic; Defendant: Samuel Kagiri Muriithi
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 1 of 2018
- Procedural Posture
- Criminal Case / Sentencing Ruling After Conviction for Murder
- Outcome
- Accused sentenced to nineteen years imprisonment, with one year spent in custody taken into account.
- Judges
- FN Muchemi
- Legal Topics
- Murder, Sentencing Discretion, Death Penalty Jurisprudence, Mitigation, Pre Sentence Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Samuel Kagiri Muriithi
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling After Conviction for Murder
Legal Issues
- 1 Whether the accused should be sentenced to death or benefit from the Supreme Court decision in Francis Muruatetu & another v Republic regarding the unconstitutionality of the mandatory death sentence for murder.
- 2 What sentence is appropriate given the circumstances, including the accused's mitigation and time spent in custody.
Ratio Decidendi
The court held that, following the Supreme Court's decision in Francis Muruatetu & another v Republic, the mandatory death sentence for murder is unconstitutional and the court has discretion to impose an appropriate sentence. The court considered the accused's mitigation, including his remorse, family circumstances, and time spent in custody. However, the pre-sentence report indicated the accused remained in denial and was not suitable for a non-custodial sentence. The court also considered the gravity of the offence, the manner in which the murder was committed, and the period the accused had already spent in remand. Balancing these factors, the court sentenced the accused to nineteen...
Court Disposition
Accused sentenced to nineteen years imprisonment, with one year spent in custody taken into account.
Orders
- The accused is sentenced to nineteen (19) years imprisonment.
- The period of one (1) year already spent in custody is taken into account.
Full Case Text
Judgment text and source record
23 paragraphs
Republic v Muriithi (Criminal Case 1 of 2018) [2023] KEHC 21911 (KLR) (17 August 2023) (Ruling)
Neutral citation: [2023] KEHC 21911 (KLR)
Republic of Kenya
In the High Court at Nyeri
Criminal Case 1 of 2018
FN Muchemi, J
August 17, 2023
Between
Republic
Prosecution
and
Samuel Kagiri Muriithi
Accused
Ruling
1. On the 25th day of March 2022, the accused was convicted of with the offence of murder contrary to section 203 as read with section 204 of the Penal Code.
2. In mitigation through his defence counsel Lucy Mwai whose brief was held by Mr. Njuguna Kimani, the accused said he is remorseful and has a family with three children being the sole breadwinner. He further said he is aged 38 years and pleaded for leniency.
3. The court called for pre-sentence report which was filed on June 29, 2023. From the report, the accused is still in denial of the offence even after conviction. The probation officer found him indifferent and not capable of benefiting from a non-custodial sentence.
4. The evidence on record did not reveal the motive of murder. However, the deceased was taken from his home at Othaya by the accused and others not before the court. He was taken to Chorongi near Nyeri town where he was beaten up using iron bars and rungus inflicting severe injuries that resulted to his death. The body of the deceased was recovered at the scene the following morning.
5. It is imperative to state that this court has the discretion to mete out any sentence other than death sentence based on the principles in the Supreme Court Petition of Francis Muruatetu &another vRepublic No 15 of 2017. Section 204 of the Penal Code provides for death sentence for the offence of murder but the Muruatetu Petition has introduced jurisprudence that courts the mandatory nature of death sentence is unconstitutional. The accused is entitled to benefit from this growth of jurisprudence.
6. The offence was allegedly committed on January 10, 2018and the accused was arraigned in this court on 22/01/2018. The record shows that the accused was released on bond on January 17, 2019. He was therefore incarcerated in prison remand for about one year.
7. I proceed to sentence the accused having taken into consideration all the foregoing factors
Sentence 8. He is sentenced to Nineteen(19) years imprisonment. I have taken into account that the accused spent one(1) year in custody.Right of appeal.
DATED AND SIGNED AT NYERI THIS 17THDAY OF AUGUST,2023. F. MUCHEMIJUDGERuling delivered through video link this 17thday of August , 2023