[2014] KEHC 1222 (KLR)
The court found that the accused, Philemon Chemas, ambushed and fatally injured his mother with a panga, acting knowingly and with malice aforethought. The defences of insanity and provocation were rejected. In sentencing, the court considered the accused's status as a first offender, his remorse, and the family...
Source-derived case information.
- Citation
- [2014] KEHC 1222 (KLR)
- Parties
- Respondent: Republic; Defendant: Philemon Chemas
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 66 of 2009
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- convicted and sentenced
- Judges
- MJA Emukule
- Legal Topics
- Murder, Sentencing, Mitigation, Malice Aforethought
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Philemon Chemas
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused is guilty of murder as defined under Section 203 of the Penal Code.
- 2 What is the appropriate sentence for the accused upon conviction for murder.
Ratio Decidendi
The court found that the accused, Philemon Chemas, ambushed and fatally injured his mother with a panga, acting knowingly and with malice aforethought. The defences of insanity and provocation were rejected. In sentencing, the court considered the accused's status as a first offender, his remorse, and the family circumstances, including his role as sole breadwinner. The court determined that, although the law provides for a death sentence for murder, these mitigating factors justified a custodial sentence of 30 years imprisonment as appropriate in the circumstances.
Court Disposition
convicted and sentenced
Orders
- The accused is sentenced to 30 years imprisonment.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAKURU
CRIMINAL CASE NO. 66 OF 2009
REPUBLIC............................................................PROSECUTOR
VERSUS
PHILEMON CHEMAS.................................................ACCUSED
SENTENCE
1. The accused was charged and convicted by this court of the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code (Cap. 63, Laws of Kenya). He was then called for mitigation in terms of Section 329 of the Criminal Procedure Code, (Cap. 75, Laws of Kenya), before sentence.
2. Counsel for the accused submitted that the Appellant is 46 years old, married and with eight children aged between 10 and 25 years to whom he is the sole bread winner. The Accused is remorseful and asks for a lenient sentence.
3. Ms. Ngovi, for the Republic told the court that the accused is a first offender. She urged the court to impose the sentence provided for under Section 204 of the Penal Code.
4. The evidence suggested that the accused ambushed the deceased with a panga and inflicted a fatal injury on her head. This court rejected the defences of insanity and provocation proffered by the Accused. It found that the accused, knowingly and with malice aforethought murdered his mother, Magdaline Kabon Chamas.
5. However is a first offender, and is remorseful. The deceased was his mother and the evidence suggested that he acted out of anger because his mother supported his wife's visit to her relatives. He did not give any thought to the consequences of his actions. Taking these factors into consideration I find that a sentence of 30 years imprisonment is appropriate in the circumstances.
6. It is so ordered.
Dated, signed and delivered at Nakuru this 17th day of October, 2014.
M. J. ANYARA EMUKULE
JUDGE