[2016] KEHC 2915 (KLR)
The court found the 3rd accused guilty of murder under section 203 of the Penal Code, having been identified as one of the perpetrators who shot the deceased at point blank range in a callous and cold-blooded manner, following prior threats to the deceased's life. Despite the accused being a first offender and...
Source-derived case information.
- Citation
- [2016] KEHC 2915 (KLR)
- Parties
- Applicant: Republic; Defendant: Peter Githongo Maina; Defendant: Elizabhan Njoroge Kuria; Defendant: Duncan Thuku Mwangi alias Kimani
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 79 of 2005
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- 3rd accused convicted of murder and sentenced to death; co-accused acquitted.
- Judges
- AM Cockar
- Legal Topics
- Murder, Sentencing, 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
Applicant
Peter Githongo Maina
Defendant
Elizabhan Njoroge Kuria
Defendant
Duncan Thuku Mwangi alias Kimani
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 Whether the 3rd accused is guilty of murder contrary to section 203 of the Penal Code.
- 2 What is the appropriate sentence for the 3rd accused upon conviction for murder.
Ratio Decidendi
The court found the 3rd accused guilty of murder under section 203 of the Penal Code, having been identified as one of the perpetrators who shot the deceased at point blank range in a callous and cold-blooded manner, following prior threats to the deceased's life. Despite the accused being a first offender and having spent over 10 years in custody awaiting trial, the court held that the law under section 204 of the Penal Code prescribes a mandatory death sentence for murder. The court therefore sentenced the 3rd accused to death as required by law, noting the gravity and circumstances of the offence.
Court Disposition
3rd accused convicted of murder and sentenced to death; co-accused acquitted.
Orders
- The 3rd accused is sentenced to death as by law prescribed under section 204 of the Penal Code.
- The 3rd accused has a right of appeal within 14 days against both conviction and sentence.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CRIMINAL CASE NO. 79 OF 2005
Lesiit, J.
REPUBLIC.................................................................PROSECUTOR
VERSUS
PETER GITHONGO MAINA.......................................1STACCUSED
ELIZABHAN NJOROGE KURIA.......…….......…….2ND ACCUSED
DUNCAN THUKU MWANGIALIASKIMANI…..….3RD ACCUSED
RULING ON SENTENCE.
1. The 3rd accused in this case was convicted alone of murder contrary to section 203 of the Penal Code. His co-accused was acquitted for insufficient evidence.
2. I have considered that the accused is a first offender. He declined to give any mitigation in this case.
3. I considered that the 3rd accused has been in custody during the pendency of his trial since 19th January 2011. I see however that this case was filed before this court in 2005. That means that the 3rd accused has been in custody in this trial for just over 10 years. The reason for the delay is not clear from this file as the original record is not annexed. I sympathise with him that he has had to wait for so long to have his case heard and concluded.
4. I have considered that the deceased was shot dead at point blank range by two young men, one of who was identified as the accused No.3 in this case. The shooting followed after the deceased life was threatened a period of five months or so before the attack. The circumstances of the attack were callous and cold blooded which I have considered.
5. The punishment for murder is provided under section 204 of the Penal Codeas death as by law prescribed. Accordingly I sentence the accused No.3 to death as by law prescribed.
6. The 3rd accused has a right of appeal within 14 days of today, against both the conviction and sentence.
DATED, SIGNED AND DELIVERED THIS 20TH DAY OF SEPTEMBER, 2016.
LESIIT, J
JUDGE