[2013] KEHC 5319 (KLR)
Although the Penal Code prescribes the death sentence for murder, the court considered the mitigating factors presented by the defence, including the accused's status as a first offender, his age, family circumstances, and the fact that the deceased was his elderly mother. The court also took into account evolving...
Source-derived case information.
- Citation
- [2013] KEHC 5319 (KLR)
- Parties
- Respondent: Republic; Defendant: Patrick Asatsa
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 46 of 2008
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- The accused is sentenced to twenty years' imprisonment for the offence of murder.
- Legal Topics
- Murder, Sentencing, Mitigation, Penal Code Section 203, Penal Code Section 204
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Patrick Asatsa
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused is guilty of murder contrary to Section 203 as read with Section 204 of the Penal Code.
- 2 What is the appropriate sentence for the offence of murder in light of mitigation and recent jurisprudence on the death penalty.
Ratio Decidendi
Although the Penal Code prescribes the death sentence for murder, the court considered the mitigating factors presented by the defence, including the accused's status as a first offender, his age, family circumstances, and the fact that the deceased was his elderly mother. The court also took into account evolving jurisprudence from the Court of Appeal, which has held that the mandatory death sentence may be inhuman and degrading, thereby allowing for judicial discretion in sentencing. Balancing these factors, the court determined that a custodial sentence of twenty years' imprisonment was appropriate in the circumstances.
Court Disposition
The accused is sentenced to twenty years' imprisonment for the offence of murder.
Orders
- The accused shall serve twenty (20) years imprisonment.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
High Court at Kakamega
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REPUBLIC......................................................................PROSECUTOR
V E R S U S
PATRICK ASATSA.................................................................ACCUSED
S E N T E N C E
The accused person was found guilty of the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. Mr. Mukabwa, counsel for the accused urged the court to be merciful on the accused. The accused is married with two children. He is aged 37 years old and is a first offender.
The circumstances of the case is that the deceased was the accused’s mother who was quite elderly. The accused’s action was uncalled for. The punishment for murder is death sentence. However, trial court have in some instances imposed prison sentence as the Court of Appeal has held that the death sentence is inhuman and degrading. Taking into account the mitigation, the accused is hereby sentenced to serve Twenty (20) years imprisonment.
Delivered, dated and signed at Kakamega this 7th day of February 2013
SAID J. CHITEMBWE
J U D G E