[2024] KEHC 16226 (KLR)
The court considered the mandatory nature of the death sentence for murder under section 204 of the Penal Code but also weighed the mitigation presented, the pre-sentencing report, and the willingness of the families and community to reconcile. The court found that, despite the accused's remorse and the community's...
Source-derived case information.
- Citation
- [2024] KEHC 16226 (KLR)
- Parties
- Applicant: Republic; Defendant: Collins Maina Njoroge
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 19 of 2018
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- accused sentenced to nine years imprisonment
- Judges
- HI Ong'udi
- Legal Topics
- Murder, Sentencing, Mitigation, Pre Sentencing Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Collins Maina Njoroge
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 Whether the accused should be sentenced to death or a lesser sentence for the offence of murder.
- 2 Whether the pre-sentencing report and mitigation factors justify a non-custodial or reduced custodial sentence.
- 3 Whether the accused's remorse, family circumstances, and willingness of the community to reconcile should influence the sentence.
Ratio Decidendi
The court considered the mandatory nature of the death sentence for murder under section 204 of the Penal Code but also weighed the mitigation presented, the pre-sentencing report, and the willingness of the families and community to reconcile. The court found that, despite the accused's remorse and the community's readiness to accept him, the gravity of the offence and the need to deter taking the law into one's own hands warranted a custodial sentence. The court also noted the involvement of the police and the circumstances of the deceased's death. Ultimately, the court sentenced the accused to nine years imprisonment, finding this to be a fair and just outcome given all the circumstances.
Court Disposition
accused sentenced to nine years imprisonment
Orders
- The accused is sentenced to nine (9) years imprisonment from 18 December 2024.
- Sentence to run from the date of the ruling.
Full Case Text
Judgment text and source record
23 paragraphs
Republic v Njoroge (Criminal Case 19 of 2018) [2024] KEHC 16226 (KLR) (18 December 2024) (Ruling)
Neutral citation: [2024] KEHC 16226 (KLR)
Republic of Kenya
In the High Court at Nakuru
Criminal Case 19 of 2018
HI Ong'udi, J
December 18, 2024
Between
Republic
Prosecution
and
Collins Maina Njoroge
Accused
Ruling
1. Collins Maina Njoroge the accused was charged and convicted of the offence of murder contrary to section 203 as read with section 204 of the penal code. Section 204 of the Penal Code on sentence for murder provides as follows:“Any person convicted of murder shall be sentenced to death”
2. Mrs Okok the prosecution counsel submitted that the deceased met his death in very unfortunate circumstances on allegations of him being a thief. She urged the court not to rely on the pre-sentencing report. She recommended a sentence of ten (10) years imprisonment.
3. M/s Chepng’etich for the accused submitted that the accused was very remorseful saying that the two (2) families were seeking reconciliation and the chief’s letter had been annexed. She further submitted that the accused is married with four (4) young children whose mother is not employed, and his parents are aged. That being a first offender the court should consider the pre-sentencing report and give him a non-custodial sentence, or a short custodial sentence.
4. A pre-sentencing report dated 25th November, 2024 was filed by Mr. Salim Assumani, a Probation officer based in Nakuru. The report shows that the two families are willing to reconcile, and the community is ready and willing to receive the accused back home. The record recommends for a non-custodial sentence.
5. I have considered the pre-sentencing report, mitigation and the observation by the prosecution counsel. I have equally considered the circumstances under which the deceased met his death. The deceased may have been a thief as his family members and the community allegedly knew him. Did he however have to meet the kind of death he did? Why didn’t they report him to the police?
6. It is also clear in my mind that the police were involved in all that happened to the deceased. Had serious investigations been conducted, they would have been the accused’s co-accused in this murder case. That was never to be, since the police covered themselves. The deceased may not have physically lynched the accused but the role he played is clearly set out in the evidence and the judgment, before this court.
7. After doing an analysis of all the above, I find it fair and just to hand the accused a custodial sentence. Kenyans should learn never to take the law in their own hands. He is sentenced to nine (9) years imprisonment from today’s date since he was out on bond during the hearing of this case.
8. Orders accordingly
DELIVERED, DATED AND SIGNED THIS 18THDAY OF DECEMBER, 2024 IN OPEN COURT AT NAKURU.H. I. ONG’UDIJUDGE