[2015] KEHC 315 (KLR)
The court found that the accused, Musa Adika Mudavila, was convicted of murder and, in accordance with section 204 of the Penal Code, the only lawful sentence is death. The court noted it had no discretion in sentencing for murder and, after confirming the accused had no previous records and was treated as a first...
Source-derived case information.
- Citation
- [2015] KEHC 315 (KLR)
- Parties
- Applicant: Republic; Defendant: Musa Adika Mudavila
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 85 of 2013
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- convicted and sentenced to death
- Legal Topics
- Murder, Sentencing, Death Penalty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Musa Adika Mudavila
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused is guilty of murder under section 204 of the Penal Code.
- 2 Whether the court has discretion in sentencing for murder.
Ratio Decidendi
The court found that the accused, Musa Adika Mudavila, was convicted of murder and, in accordance with section 204 of the Penal Code, the only lawful sentence is death. The court noted it had no discretion in sentencing for murder and, after confirming the accused had no previous records and was treated as a first offender, imposed the mandatory death sentence. The accused was informed of his right to appeal within fourteen days.
Court Disposition
convicted and sentenced to death
Orders
- The accused, Musa Adika Mudavila, is sentenced to suffer death as authorized by law.
- The accused is informed of his right of appeal within fourteen (14) days from the date of sentencing.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL CASE NO. 85 OF 2013
REPUBLIC………………………………………………………………………...PROSECUTOR
VERSUS
MUSA ADIKA MUDAVILA……………………………………………………………….ACCUSED
Sentence
Musa Adika Mudavila was tried and convicted for murder of Douglas Oloo Kimonge, the deceased who had gone missing together with the car registration number KBR 440Z which he had been operating as a taxi on 24th December 2012. The decomposing body of the deceased was found in Kibera in Nairobi on 28th December 2012. The vehicle was found one month later on 24th January 2013 in Webuye. The accused failed to explain the circumstances under which he came by the vehicle.
The accused told the court upon conviction that he had no mitigation to make. The court called for the previous records of the accused before sentencing him. The prosecution counsel informed the court that the accused may be treated as a first offender.
The law under section 204 of the Penal Code provides only one sentence for murder. This is death. This court therefore has no discretion in the matter. In view of this I hereby sentence the accused, Musa Adika Mudavila to suffer death as authorized by the law. The accused has been informed of his right of appeal within fourteen (14) days from today’s date. It is so ordered.
Dated, signed and delivered this 17th day of December 2015
S. N. MUTUKU
JUDGE
In the presence of:
Ms Macharia for the prosecution
Ms C. Odembo for the accused
Mr. Musa Adika Mudavila, the accused
Mr. Daniel Ngumbi, court clerk