[2015] KEHC 1638 (KLR)

[2015] KEHC 1638 (KLR)

The court found that, having convicted the accused of murder under section 203 as read with section 204 of the Penal Code, it was bound by the mandatory statutory penalty of death. Despite the accused's mitigation, remorse, and cooperation, the law prescribes no discretion for the court in sentencing for murder. The court considered constitutional provisions and relevant case law but concluded that fidelity to the law required imposition of the death penalty. The right to appeal was explained to the accused.

Citation
[2015] KEHC 1638 (KLR)
Parties
Applicant: Republic; Defendant: Pharis Kabaiku Mbuthia
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
28 October 2015
Case Number
Criminal Case 4 of 2013
Procedural Posture
Criminal Case / Sentencing
Outcome
convicted and sentenced to death
Legal Topics
Murder, Sentencing, Death Penalty
Source Language
English
Criminal Law Murder Sentencing Death Penalty

Case Brief

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Parties

Republic

Applicant

Pharis Kabaiku Mbuthia

Defendant

Procedural Posture

Criminal Case / Sentencing

Legal Issues

  1. 1 Whether the accused should be sentenced to death for the offence of murder as prescribed by law.
  2. 2 Whether the court can exercise discretion in sentencing for murder in light of mitigation and constitutional provisions.

Ratio Decidendi

The court found that, having convicted the accused of murder under section 203 as read with section 204 of the Penal Code, it was bound by the mandatory statutory penalty of death. Despite the accused's mitigation, remorse, and cooperation, the law prescribes no discretion for the court in sentencing for murder. The court considered constitutional provisions and relevant case law but concluded that fidelity to the law required imposition of the death penalty. The right to appeal was explained to the accused.

Court Disposition

convicted and sentenced to death

Orders

  • The accused, Pharis Kabaiku Mbuthia, is sentenced to suffer death as authorized by law.
  • The right of appeal has been explained to the accused.