[2018] KEHC 638 (KLR)
Despite the mitigating factors, including the accused being a first offender and the familial relationship with the deceased, the court found that the accused intentionally used a knife on an unarmed person and subsequently attempted to mislead others about the nature of the assault. The law prescribes a mandatory...
Source-derived case information.
- Citation
- [2018] KEHC 638 (KLR)
- Parties
- Respondent: Republic; Defendant: Musya Mulyungi
- Court
- High Court
- Court Station
- High Court at Garissa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 29 of 2012
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- convicted and sentenced to death
- Judges
- GMA Dulu
- Legal Topics
- Murder, Sentencing, Mitigation, First Offender
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Musya Mulyungi
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused is guilty of murder and the appropriate sentence to impose.
- 2 Whether mitigating factors, such as lack of previous convictions and relationship to the deceased, affect sentencing.
Ratio Decidendi
Despite the mitigating factors, including the accused being a first offender and the familial relationship with the deceased, the court found that the accused intentionally used a knife on an unarmed person and subsequently attempted to mislead others about the nature of the assault. The law prescribes a mandatory death sentence for murder, and the court was bound to impose this penalty. The mitigating circumstances did not justify a departure from the statutory sentence.
Court Disposition
convicted and sentenced to death
Orders
- The accused is sentenced to suffer death as provided for by law.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT GARISSA
CRIMINAL CASE NO. 29 OF 2012
REPUBLIC...........................................PROSECUTOR
VERSUS
MUSYA MULYUNGI..................................ACCUSED
SENTENCE
1. I have considered that the accused has no recorded previous conviction and thus treat him as a first offender. The mitigating factors were highlighted by the defence counsel Mr. Onono. The deceased and the accused are cousins. What happened that evening might have been as a result of drunkenness. There is evidence of a struggle between the two.
2. However it is apparent that the accused used a knife knowing fully well that the deceased was unarmed. He also lied to a colleague sitting nearby that he had merely hit the deceased with a fist, while he had stabbed him viciously. That was a carefree attitude.
3. I sentence the accused to suffer death as provided for by law.
Dated and delivered at Garissa this 19 day of December, 2018.
........................
George Dulu
JUDGE