[2018] KEHC 5731 (KLR)
Although the offence of murder attracts the death penalty, the court considered the accused persons' status as first offenders, the positive pre-sentencing reports, and the fact that they had already spent over six years in custody. The court also noted the lack of remorse and the maintenance of innocence by the...
Source-derived case information.
- Citation
- [2018] KEHC 5731 (KLR)
- Parties
- Applicant: Republic; Defendant: Patrick Mutembe; Defendant: Dominic Kaberia; Defendant: Erick Muthomi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 40 of 2012
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- Each accused sentenced to 10 years imprisonment.
- Judges
- A Mabeya
- Legal Topics
- Murder, Sentencing, Mitigation, First Offenders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Patrick Mutembe
Defendant
Dominic Kaberia
Defendant
Erick Muthomi
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 What is the appropriate sentence for the accused persons convicted of murder.
- 2 Whether the accused's status as first offenders and time spent in custody should mitigate the sentence.
Ratio Decidendi
Although the offence of murder attracts the death penalty, the court considered the accused persons' status as first offenders, the positive pre-sentencing reports, and the fact that they had already spent over six years in custody. The court also noted the lack of remorse and the maintenance of innocence by the accused. Balancing these factors against the gravity of the offence, namely the loss of life, the court exercised its discretion to impose a custodial sentence of ten years imprisonment for each accused, rather than the death penalty.
Court Disposition
Each accused sentenced to 10 years imprisonment.
Orders
- Each of the accused is sentenced to 10 years imprisonment.
- Right of appeal within 14 days explained.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CRIMINAL CASE NO. 40 OF 2012
REPUBLIC.....................................PROSECUTOR
VERSUS
PATRICK MUTEMBE...................1ST ACCUSED
DOMINIC KABERIA....................2ND ACCUSED
ERICK MUTHOMI.......................3RD ACCUSED
RULING ON SENTENCING
1. I have considered the mitigation made on behalf of the accused.
2. I have considered that they are 1st offenders. That they have left their fate to this court. That they are not remorseful of the offence and that they still maintain their innocence.
3. I have also considered the presented reports filed on 27/06/2018 which are positive of the accused. I am alive to the fact that they have been in custody for well over six years now.
4. Be that as it may, a life was lost as a result of their unlawful act. The sentence for the offence of murder is death.
5. Considering all the foregoing, I sentence each of the accused to 10 years imprisonment.
Right of Appeal 14 days explained.
A. MABEYA
JUDGE
03/07/18