[2016] KEHC 947 (KLR)
The court found that the accused was convicted of murder under section 203 of the Penal Code, for which section 204 prescribes a mandatory death sentence. The court considered the lack of previous criminal record, the absence of mitigation, and the traumatic and heinous circumstances of the offence, including the...
Source-derived case information.
- Citation
- [2016] KEHC 947 (KLR)
- Parties
- Applicant: Republic; Defendant: Peter Kinyanjui Kamau
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 53 of 2013
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- accused sentenced to death
- Judges
- AM Cockar
- Legal Topics
- Murder, Sentencing, Death Penalty, Mitigation, Remand Custody
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Peter Kinyanjui Kamau
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 Whether the accused should be sentenced to death for the offence of murder as provided under section 204 of the Penal Code.
- 2 Whether there are any mitigating circumstances to warrant a lesser sentence.
Ratio Decidendi
The court found that the accused was convicted of murder under section 203 of the Penal Code, for which section 204 prescribes a mandatory death sentence. The court considered the lack of previous criminal record, the absence of mitigation, and the traumatic and heinous circumstances of the offence, including the age of the victim and the manner of execution. However, given the statutory mandate, the court concluded that it had no discretion but to impose the death penalty as required by law.
Court Disposition
accused sentenced to death
Orders
- The accused is sentenced to death.
- The accused has a right of appeal against both conviction and sentence.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CRIMINAL CASE NO. 53 OF 2013
LESIIT, J
REPUBLIC.............................................PROSECUTION
VERSUS
PETER KINYANJUI KAMAU.........................ACCUSED
RULING ON SENTENCE
1. The accused person has been convicted for murder contrary to section 203 of the Penal Code.
The sentence for murder is provided under section 204 of the Penal Code as follows:
“204. Any person convicted of murder shall be sentenced to death.”
2. The Prosecution has treated the accused as a first offender as they did not have his previous record.
3. The accused asked his advocate not to give any mitigation on his behalf.
4. I have considered that the accused was arraigned in court on the 29th April, 2013 and since then he has remained in Remand Custody throughout his trial.
5. I have considered the circumstances of this offence. It is quite traumatic to deceased family. The deceased a young child of 7 years disappeared outside her home only to be found in accused hands by young men also traumatized. The accused conduct and manner in which he executed the murder reveals a person with animalistic behavior with no human heart. It is clear from the evidence that accused attempted to defile the deceased, then to drown her. The way he finally stabbed the deceased under water was heartless, traumatizing and heinous.
6. The law provides for death sentence for this offence.
7. The accused is sentenced to death.
8. He has a Right of Appeal against both the conviction and sentence.
DATED, SIGNED AND DELIVERED THIS 15TH DAY OF DECEMBER, 2016.
LESIIT, J
JUDGE